Patna High CourtCR. MISC./61988/2019bail granted

Vikash Kumar @ Khabsurta v. The State Of Bihar

2019-10-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61988 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== VIKASH KUMAR @ KHABSURTA Son of Balchandra Paswan Resident of Village - Bariyapur, P.S.- Rajapakar, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 30.07.2019 in a case registered for the offences punishable under Sections 448, 323, 363, 354 and 504/34 of the IPC.

It is alleged by the informant that on 28.07.2011, at about 11.30 A.M., the petitioner and co-accused, Ajit Kumar entered into the house of the informant and tried to kidnap the 10 years old daughter of the informant, namely Khushboo Kumari, but on alarm being raised, they left the daughter of the informant and escaped away from the scene.

It is submitted by learned counsel for the petitioner that the petitioner is the co-villager of the informant and due to some land dispute, the frivolous accusation has been levelled against

Patna High Court CR. MISC. No.61988 of 2019(2) dt.25-10-2019 2/2 the petitioner. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that for the alleged occurrence of 28.07.2019 at about 11.30 A.M., the FIR has been lodged on 29.07.2017 at about 4.35 P.M.

Learned APP submits that the petitioner is named in the with specific accusation.

Considering the nature of accusation, delayed lodging of the FIR, investigation being already concluded and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 178 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T