Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64849 of 2023 Arising Out of PS. Case No.-729 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== VICKY KUMAR Son of Pintu Mestar R/o vill - Hajiyapur, P.S. - Gopalganj, Distt. - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== 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 Gopalganj P.S. Case No. 729 of 2022 dated 6.9.2022 registered for the offences punishable u/s 341, 323, 379, 324, 307, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was returning from the market, the petitioner-Vicky Kumar and the co-accused Zafar assaulted him with bricks. On being protested, the co-accused Zafar ordered to kill the informant and the petitioner inflicted knife on the neck of the informant. Further, the petitioner again inflicted blow of knife in the abdomen of the informant. The accused persons also looted Rs. 6000/- and the mobile phone of the informant and gave another knife blow on his hand.

Patna High Court CR. MISC. No.64849 of 2023(2) dt.12-10-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to local village politics. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The informant sustained four injuries of which one injury is on abdomen and other is on neck which are simple in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.3.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court concerned, Gopalganj in connection with Gopalganj P.S. Case No. 729 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T