Vicky Kumar @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70115 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== VICKY KUMAR @ VIKKI KUMAR SON OF MAHESH PASWAN RESIDENT OF VILLAGE - GANGAPUR, PS- MUSARIGHARARI, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Dipak For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 120(B), 302, 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, FIR named accused persons including some unknown are said to have committed murder of informant's son namely, Shubham Kumar and his friend Anmol Kumar Sharma by firearm.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the FIR rather his name has come into light on the basis of confessional

Patna High Court CR. MISC. No.70115 of 2023(2) dt.07-11-2023 2/2 statement of co-accused Md. Tasleem @Md. Haikal. Except confession, no any consistent evidence has come against the petitioner during investigation. No one is eye witness of the alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 24.3.2023. Moreover, similarly situated co-accused Abrej @Aale was enlarged on bail granted by this court vide order dt. 12.9.2023 passed in Cr. Misc. No. 50255 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tajpur P.S. Case No. 113 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Samastipur.

(Sunil Kumar Panwar, J) Amandeep/- U T