Vimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.754 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Vimal Kumar Son Of Ganesh Yadav Resident Of Village- Belo Piprahi, Ward No.- 6 P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 379, 201, 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that his brother had worked to provide loan amount from Bank with one Prabhas Kumar and on 10.3.2022, co-accused Ramvilash Yadav and other FIR named persons came his house on three motorcycle and took his brother at Piprahi to attended a 'Murga Party' at the house of Nitish. Subsequently, the dead body of informant's brother was found laying on the road. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.754 of 2023(2) dt.27-03-2023 2/2 petitioner is not named in FIR and during course of investigation, the investigating officer made a different theory of present case and on the basis of that, this has falsely been implicated in this case. There is no eye-witnesses of the alleged occurrence and entire prosecution hings around merely on suspicion. Moreover, similarly situated co-accused namely, Raj Nandan Yadav has already been granted bail by a co-ordinate Bench of this Court vide order 31.1.2023 passed in Cr. Misc. No. 42761 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 9.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 126 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T