Vaibhaw Kumar @ Vaibhav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65314 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Vaibhaw Kumar @ Vaibhav Kumar Son Of Upendra Singh Resident Of Village - Jarang Rampur, P.S.- Vaishali (Belsar O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv Mr.Rajeev Ranjan No.Ii Mr. Kumar Rajdeep For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 113 of 2022 registered under sections 341, 323, 307, 302, 342 and 34 of the Indian Penal Code. Prosecution case relates to commission of murder of the informant's son by the co-accused persons including this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.65314 of 2022(3) dt.04-04-2023 2/3 falsely been implicated in this case merely on suspicion. It is submitted that the informant is not the eye witness of the alleged occurrence and the main allegation of tying the neck of the deceased by Gamcha and started pulling him from the car is against co-accused Raushan Kumar. It is further submitted that there is no specific overt act of commission of the offence against the petitioner rather general and omnibus allegation has been levelled against him. During investigation, no any substantive material came against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 29.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 113 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.65314 of 2022(3) dt.04-04-2023 3/3 learned C.J.M., Vaishali at Hajipur.

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