Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78093 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vipin Kumar Son of Bindeswar Rai R/O Vill.- Sisauli Rajauli, P.S.- Hajipur Sadar, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 186 of 2024 registered for the offences punishable u/s 304(B), 201 and 120(B) of the I.P.C.

3. As per the prosecution case, the petitioner and the seven other named co-accused persons are alleged to have tortured the informant's niece mentally and physically due to non-fulfillment of demand of bullet motorcycle. It is further alleged that on 12.03.2024, the informant got information that all the accused persons committed murder of his niece and burried her dead body to hide the evidence.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.78093 of 2024(4) dt.05-05-2025 2/3 that the petitioner is the husband of the deceased and has falsely been implicated in this case. It is further submitted that there is a delay of 16 days in lodging the F.I.R. without giving any plausible reason for the same and from perusal of the FIR, it is evident that there was a panchayati also held with respect to the two children of the petitioner. It is next submitted that there is general and omnibus allegation against all the accused persons including the petitioner. It is further submitted that the similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 27.08.2024 passed in Cr. Misc. No. 58856 of 2024. It is lastly submitted that the petitioner has clean criminal antecedents and is in custody since 29.03.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the fact that there is general and omnibus allegation against all the accused persons including the petitioner and also taking into account the fact that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court coupled with the fact that the petitioner is in custody since 29.03.2024, let the petitioner

Patna High Court CR. MISC. No.78093 of 2024(4) dt.05-05-2025 3/3 above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Hajipur Sadar P.S. Case No. 186 of 2024.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T