Vinay Kumar @ Vinay Patel @ Vikky Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68813 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Vinay Kumar @ Vinay Patel @ Vikky Patel Son of Late Kalyan Singh Resident of Mohalla Jajak Toli, P.S. Chowk, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Patna City Chowk P.S. Case no. 149 of 2022 registered under sections 302, 120B, 386, 201 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while he was sitting the two accused persons namely Golu @ Rohit Kumar and Ranjeet Kumar came and demanded money from him. On another person namely, Pramod Kumar intervening, the two named accused resorted to firing, as a result of which the said Pramod Kumar sustained gunshot injuries. The two named accused escaped along with other accused persons who were waiting for them.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.68813 of 2023(2) dt.01-11-2023 2/2 petitioner that the petitioner has been falsely implicated in the case in course of investigation. From the FIR it would be evident that the specific overt act is on Golu @ Rohit Kumar and Ranjeet Kumar and not on any other accused. Referring to the order of the learned trial Court, it is submitted that the petitioner was not even seen in the CCTV footage. He is in custody since 15.5.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, specific allegation being on two FIR named accused and not the petitioner herein, the petitioner being in custody since 15.5.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Patna City Chowk P.S. Case no. 149 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 learned S.D.J.M., Patna City, Patna.

(Partha Sarthy, J) Bibhash U T