Vikash Yadav @ Vikash Kumar Yadav @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75257 of 2022 Arising Out of PS. Case No.-112 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== VIKASH YADAV @ VIKASH KUMAR YADAV @ VIKASH KUMAR Son of Raj Kishor Yadav @ Tayagi Yadav R/v- Sarkuna, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Dulhin Bazar P.S. Case No. 112 of 2020, registered for the offences punishable under Section 302,120B/34 of Indian Penal Code and 27 of the Arms Act. As per allegation, when the brother of the informant went to ease himself, 15 accused persons, who were already in ambush amongst whom, co-accused Sujeet Kumar @ Mewalal, Nitish Kumar, Gagendra Yadav and Mukesh Yadav were also there. They surrounded the brother of the informant and opened fire on him. Besides those four accused persons, the informant also named 11 persons, including the petitioner with

Patna High Court CR. MISC. No.75257 of 2022(2) dt.29-03-2023 2/3 an allegation that they were also in conspiracy of the murder of the deceased.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against him is general and omnibus. Nothing was recovered from his possession and on similar footing, other accused persons have been granted bail by the coordinate Benches of this Court. The petitioner is under custody since 17.05.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur District- Patna in connection with Dulhin Bazar P.S. Case No. 112 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below

Patna High Court CR. MISC. No.75257 of 2022(2) dt.29-03-2023 3/3 for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Mahesh U T