Vakil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73518 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Vakil Kumar Son of Gama Yadav @ Gama Rai Resident of Village - Jamira, Police Station - Ara (Muffasil), District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Ara (Muffasil) P.S. Case No. 262 of 2023, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along with two other co-accused persons came at the house of the informant and they fired upon his son due to which the cartridge hit the back side to the chest of the victim, due to which he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no specific allegation against the petitioner and the petitioner has no criminal
Patna High Court CR. MISC. No.73518 of 2023(4) dt.12-02-2024 2/2 antecedent and he is in jail custody since 26.06.2023.
5. Learned APP for the State assisted by learned counsel for the Informant have opposed the prayer for regular bail of the petitioner submitting that the petitioner along with two other co-accused persons has killed the victim.
6. Considering the facts and circumstances of the case, particularly the fact that there is direct allegation against the petitioner and the other two co-accused for killing the victim by firing and the post-mortem report of the deceased also corroborate that the deceased has died due to firearm injury, this Court is not inclined to grant bail to the petitioner. (Sunil Dutta Mishra, J) ashishkr/- U T