Patna High CourtCR. MISC./5965/2018bail granted

Vikku Kumar @ Vikash Kumar v. The State Of Bihar

2018-04-11Mr. Justice Birendra Kumar2 pages

Patna High Court Cr.Misc. No.5965 of 2018 (4) dt.11-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5965 of 2018 Arising Out of PS.Case No. -271 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Vikku Kumar @ Vikash Kumar S/o Late Kameshwar Ray, R/o VillageKhapura, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Adv For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307/24 of the Indian Penal Code and 27 of Arms Act.

According to FIR, two persons i.e. the petitioner and co-accused Upendra Rai who were carrying rifle fired at the informant causing injury at the right side of back and chest. The Doctor has found circular wound over back right scapular region and a circular wound in front of the right side chest.

Submission is that the injury alleged, as crossed the body, is inconsistent with the medical report and in the further statement, informant stated that he first sustained injury from back by unknown person and thereafter by the petitioner at the chest. The same also belies his statement in the FIR that he had seen the petitioner and Upendra Rai to have fired at him. Petitioner is in custody

Patna High Court Cr.Misc. No.5965 of 2018 (4) dt.11-04-2018 since 14.07.2017.

Considering the entire facts especially nature of material against the petitioner, let the petitioner, above named, be released on bail on completion of one year of custody, if the trial is not concluded in the meantime on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bidupur Police Station Case No.271 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T