Vicky Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65257 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Vicky Kumar @ Bittu Kumar Son of Kedar Giri R/o - Singhasni, P.S - Baikunthpur, District - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2025 Heard the learned counsel for the petitioner and learned counsel for the State; Sri Jharkhandi Upadhyay, APP.

2. The petitioner apprehends his arrest in connection with Baikunthpur P.S. Case No. 148 of 2023 registered for offences under Sections 341, 342, 323, 504, 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is of having participated in the disposal of the body of the deceased.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submitted that similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 04.09.2024 passed in Cr. Misc. No. 58932 of 2024.

Patna High Court CR. MISC. No.65257 of 2024(6) dt.17-02-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the fact that offence under Section 201 of the Indian Penal Code is made out and not under Section 302 of the Indian Penal Code, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court below in connection with Baikunthpur P.S. Case No. 148 of 2023 subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

8. This application for anticipatory bail is allowed.

9. The personal appearance of the SHO, Baikunthpur Police Station, Gopalganj is dispensed with.

10. The petitioner will join the investigation. (Sandeep Kumar, J) Shishir/- U T