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Patna High CourtCR. MISC./67220/2022bail granted

Vivek Kumar Ram @ Vivek Devraj @ Vivek Kumar v. The State Of Bihar

2023-02-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67220 of 2022 Arising Out of PS. Case No.-895 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Vivek Kumar Ram @ Vivek Devraj @ Vivek Kumar Son Of Navin Kumar Das R/V- Khairkhan, P.S- Forbesganj, Dist- Araria. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 895 of 2021 lodged under Sections 307, 326, 34 of the I.P.C. and 27 of the Arms Act. As per the prosecution case, the allegation of injury by firearms is against 3 unknown criminals, who were fleeing from the place of occurrence. As it has been alleged that from the firing of gunshot, the son of the informant injured. Learned counsel for the petitioner submits that F.I.R. has been filed against unknown accused persons. Counsel submits that name of the petitioner has figured in this case for the first time by virtue of an informer. He submits that the petitioner is in custody since 03.05.2022. He further submits

Patna High Court CR. MISC. No.67220 of 2022(2) dt.27-02-2023 2/2 that petitioner has been made accused only on false ground. Counsel submits that specially mentioned that petitioner's father contested for the election of mukhiya and lost the election and thereafter, petitioner's name started coming in the different F.I.Rs. From the content of paragraph-3, it transpires that all the F.I.Rs. are of the year 2022. He also submits that in all the cases, the petitioner has been remanded.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 895 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T