Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76524 of 2023 Arising Out of PS. Case No.-737 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Vishal Kumar Son Of Manoj Kumar Paswan Resident Of Village - House Of Sonu Singh, Shiv Colony, Mohalla - Fazalganj, P.S.- Sasaram Nagar, District - Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the brother of the informant namely, Nikhil Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. According to prosecution case, the allegation against the petitioner along with other co-accused Subham Mishra is that they called the brother of the informant

Patna High Court CR. MISC. No.76524 of 2023(3) dt.31-01-2024 2/2 from his house but there is no consistent evidence and no eyewitness to the alleged occurrence to show the complicity of the petitioner. Only suspicion has been raised against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sasaram, Rohtas in connection with Sasaram Nagar P.S. Case No. 737 of 2023. (Sunil Kumar Panwar, J) Arish/- U T