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Patna High CourtCR. MISC./74933/2022allowed

Vikki Kumar v. The State Of Bihar

2023-02-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74933 of 2022 Arising Out of PS. Case No.-51 Year-2014 Thana- HISUWA District- Nawada ====================================================== VIKKI KUMAR SON OF BHAGWAN SINGH @ SURENDRA SINGH R/O VILLAGE- DUMRAWAN, P.S.- PAKRIBARAWAN, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366, 328, 302 and 34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the occurrence took place on 21.11.2013 but the FIR lodged 22.02.2014. He submits that there is delay of three months in filing of the present FIR and there is no any explanation for the delay which creates serious doubt about the prosecution case. He further submits that the investigation is going on till date from the last nine years and no

Patna High Court CR. MISC. No.74933 of 2022(2) dt.04-02-2023 2/2 charge-sheet has been submitted till now. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Hisua P.S. Case No.51/2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T