Patna High CourtCR. MISC./64994/2023bail granted

Vikram Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64994 of 2023 Arising Out of PS. Case No.-439 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vikram Kumar, (Male), aged about 24 years, Son of Late Arjun Singh, Resident of Village- Lalpokhar Dighi, P.S.- Sadar Hajipur, Dist- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 330 of 2021, arising out of Hajipur Sadar P.S. Case No. 439 of 2019 dated 07.07.2019 registered for the offence punishable under Sections 394, 302 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, some unknown miscreants are alleged to have shot the informant's son dead and his belongings were looted by them while the informant's son was returning to home on the Motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.64994 of 2023(2) dt.12-10-2023 2/3 this case. The petitioner has eight criminal antecedents, out of which, in three cases, he is on bail, as stated in paragraph no. 3 of the bail petition. The petitioner is not named in the F.I.R. His name has sprang up in the present case during the course of investigation on the basis of the confessional statement of the co-accused, Sanjay Paswan. Other co-accused, namely, Sanjay Paswan @ Sanjay Kumar Paswan has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 24681 of 2020 under order dated 23.09.2020, annexed as Annexure-2 to the bail petition. He has been remanded in the present case from Hajipur Sadar P.S. Case No. 625 of 2019 on 11.12.2019 and since then he is in custody in this case.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali at Hajipur, in connection with Sessions Trial No. 330 of 2021, arising out of Hajipur Sadar P.S. Case No. 439 of 2019 with the conditions:-

Patna High Court CR. MISC. No.64994 of 2023(2) dt.12-10-2023 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in any other similar nature of case in future, the prosecution will have liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T