Patna High CourtCR. MISC./62095/2018bail granted

Vijay Kumar @ Vijay Kushwaha v. The State Of Bihar

2018-10-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62095 of 2018 Arising Out of PS. Case No.-42 Year-2013 Thana- GHORASAHAN District- East Champaran ====================================================== Vijay Kumar @ Vijay Kushwaha, Son of Hirday Narayan Sah, Resident of Village- Pithwa, P.S.- Jharokhar, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the parties.

The petitioner seeks bail in Ghorasahan P.S. Case No. 42 of 2013, registered for the offence punishable under Sections 363, 447, 365/34 of the Indian Penal Code.

There are four persons named in the First Information Report including the name of Vijay Kushwaha, resident of Village- Pithwa. The petitioner's name is Vijay Kumar and is resident of Village-Pithwa.

Learned counsel appearing on behalf of the petitioner contends, referring to the First Information Report that the informant has named the petitioner in the First Information Report on the basis of certain information without disclosing the source of such information. He also contends that even in the

Patna High Court Cr.Misc. No.62095 of 2018(2) dt.08-10-2018 2/2 statement of the victim recorded under Section 164 of the Code of Criminal Procedure, there is no specific allegation against this petitioner. He, lastly, contends that similarly circumstanced co-accused Vijay Kumar has been granted regular bail by this Court.

Considering the above noted facts, this application is allowed.

Let the petitioner, Vijay alias Vijay Kushwaha, be released on bail on furnishing bail bond of Rs 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikarahna at Dhaka, East Champaran in Ghorasahan P. S. Case No. 42 of 2013.

(Chakradhari Sharan Singh, J) arun/- U