Patna High CourtCR. MISC./72788/2023bail granted

Vakil@ Vakil Kumar v. The State Of Bihar

2023-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72788 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== VAKIL@ VAKIL KUMAR S/O LATE CHHOTA LAL RAI R/O VILLCHHOTA TELPA, PS-CHAPRA TOWN, DIST-SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav , Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 379, 3536 , 504, 506 and 34 of the Indian Penal Code and section 37 of the Excise Act.

3. It is alleged that all the FIR named accused persons including this petitioner assaulted the informant by means of iron pipe causing injury on his head and also looted his golden chain .

4. Learned counsel for the petitioner submits that the name of the petitioner transpired only on the basis of confessional statement of co-accused Amarjit Rai who was apprehended on the place of occurrence , which does not have

Patna High Court CR. MISC. No.72788 of 2023(2) dt.07-11-2023 2/2 any evidentiary value . Similarly situated co-accused persons have already granted bail by this Court vide order dated 25.08.2023 in Cr. Misc. No. 55907 of 2023 . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 1st Exclusive Special Judge , Excise , Saran at Chapra in connection with Chapra Town P.S. case No. 285 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T