Bipin Kumar @ Vipin Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72036 of 2021 Arising Out of PS. Case No.-701 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Bipin Kumar @ Vipin Ray Son of Ram Sagar Prasad Resident of Village - Rahimpur, Naya Tola, Police Station - Muffasil (Khagaria), District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 701 of 2021 registered under Sections 341, 323, 353, 188, 224 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that Ramanand Yadav informed him that his duty starts from 10 P.M., hence to get ready, on which the informant before taking charge of duty inspected the prison ward and saw the gate of prison was opened, on which when he went to close the door, the same was objected by Ramanand
Patna High Court CR. MISC. No.72036 of 2021(2) dt.12-05-2022 2/3 Yadav and thereafter Ramanand Yadav along with Dharmveer tried to strangulate the informant but he managed to flee and reached the police station and instituted the F.I.R. Learned counsel submits that the petitioner is not named in the F.I.R. and the specific allegation is against Ramanand Yadav and Dharmveer Yadav, the petitioner is a Home Guard Jawan and he was posted in the prison and it is alleged that he did not help the informant even when he saw Ramanand and Dharmveer fighting with the informant. Learned counsel submits that the petitioner was completely unaware that as to why the quarrel between the informant and the accused was going on and as such he did not interfere. It is further submitted that co-accused Arun Kumar Das has been granted bail by order dated 30.03.2022 in Criminal Misc. No. 64189 of 2021.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 06.09.2021, is a person with clean antecedent and chargesheet has been submitted in the case and is not named in the F.I.R., let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.72036 of 2021(2) dt.12-05-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 701 of 2021. (Satyavrat Verma, J) ved/- U T