Vicky Kumar @ Tiktik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66692 of 2024 Arising Out of PS. Case No.-145 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Vicky Kumar @ Tiktik S/o Late Munna Yadav Resident of Neem Ghat, Jhoparpatti, P.S- Khajekala, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 88 of 2024, arising out of Khajekalan P.S. Case No. 145 of 2022, registered on 15.05.2022 for the alleged offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner fired upon the minor son of the informant, who received grating injury on his left temple and the petitioner and co-accused fled away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.66692 of 2024(2) dt.01-10-2024 2/3 case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The injuries are lacerated wound but no opinion about the nature of injury or weapon used has been mentioned in the injury report. The petitioner has got no involvement in the alleged occurrence but the police has implicated the petitioner through the informant. The petitioner is having antecedent of ten cases and he is on bail in altogether nine cases. The petitioner is in custody since 22.12.2022. Learned counsel further submits that the charges have been framed on 19.06.2024 but not a single witness has been examined till date.
5. Learned APP vehemently opposes the submission made on behalf of the petitioner. Learned APP further submits that there are altogether ten cases against the petitioner for serious type of offences.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the charges have been framed and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.66692 of 2024(2) dt.01-10-2024 3/3 amount each to the satisfaction of learned Additional Sessions Judge-IV, Patna City/concerned Court in connection with Sessions Trial No. 88 of 2024, arising out of Khejekalan P.S. Case No. 145 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T