Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38350 of 2018 Arising Out of PS. Case No.-734 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Vijay Kumar, Son of Bharat Ravidas, Resident of Village- Maulana Budhu Chak, P.S.- Parsa Bazar, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dineshwar Tiwary, Adv.

For the Opposite Party :

Smt. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 734 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is innocent and has not been named in FIR and he has been falsely implicated in this case only on the basis of confessional statement of co-accused, namely, Upendra Paswan and Akash Kumar. It has been further submitted that similarly place co-accused, namely, Upendra Paswan and Akash Kumar has been granted bail by co-ordinate Bench of this court in Cr. Misc. No. 51004 of 2018 and 19471 of 2018 vide order dated

Patna High Court Cr.Misc. No.38350 of 2018(3) dt.13-09-2018 2/2 24.08.2018 and 02.05.2018 respectively.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 734 of 2017.

(S. Kumar, J) Rajiv/manoj U T