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Patna High CourtCR. MISC./70526/2023allowed

Vikas Jha @ Kaliya v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70526 of 2023 Arising Out of PS. Case No.-269 Year-2015 Thana- SHEOHAR District- Sheohar ====================================================== Vikas Jha @ Kaliya Son Of Subodh Jha Resident Of Village Bathnaha Police Station Bathnaha District Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Jha For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, it is alleged that one Rajendra Prasad Singh, cousin grand-father of the informant was shot dead by two motorcycle brone criminals.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He has falsely been implicated in this case. His name was transpired in this case on the basis of confessional of co-accused persons Anchal Jha and Rishi Jha. Except confession, nothing has come against the petitioner dur-

Patna High Court CR. MISC. No.70526 of 2023(2) dt.07-11-2023 2/2 ing investigation. Similarly situated several accused persons have already been granted bail by different co-ordinate Benches of this court which is evident from Annexure-2 series. It is further submitted that the petitioner is languishing in judicial custody since 24.11.2020.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheohar P.S. Case No. 269 of 2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sheohar.

(Sunil Kumar Panwar, J) Amandeep/- U T