Vikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74691 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Vikram Yadav, Male, aged about 23 years, Son of Anil Yadav, Resident of Nayee Sidhi Ghat, Vishavisthan, P.S. - Sultanganj, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sultanganj PS Case No. 54 of 2023 instituted for the offences punishable under Sections 320, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, accused persons murdered the father of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. Petitioner is not named in the FIR and confessional statement of

Patna High Court CR. MISC. No.74691 of 2023(4) dt.28-02-2024 2/3 co-accused Chintu Kumar, has been implicated in this case. It is next submitted that the petitioner has no connection or concern with the said occurrence. Chargesheet has already been filed in this case.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, postmortem report and the impugned order of the learned Additional District and Sessions Judge-XIV, Bhagalpur dated 02.09.2023, it appears that petitioner is not named in the FIR and his name transpired in this case on the basis of confessional statement of co-accused Chintu Kumar. The postmortem report reveals that the death was due to haemorrhage, shock and firearm wounds. From perusal of the FIR, it appears that three unknown persons have been seen by the eye witness Kailash Choudhary, who was with the deceased at the time of incident. Similarly situated coaccused person namely Chintu Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 43915 of 2023 dated 28.07.2023. Petitioner is in custody since 02.08.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.74691 of 2023(4) dt.28-02-2024 3/3 ADJ-IV, Bhagalpur in connection with Sultanganj PS Case No. 54 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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