Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82523 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== VIJAY KUMAR Son of Chandeshwar Yadav @ Chandeshware @ Chandeshwar Ray R/o vill - Bhadawar, P.S. - Chandi, Distt. - Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kumar Ojha, Adv.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 124 of 2023 lodged under Sections 302 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against two named and two unknown accused persons including the petitioner against whom there is allegation of harsh firing due to which the informant's son died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the firing has been taken place due to mistake.
5. Counsel further submits that petitioner is in custody since 05.08.2023 having clean antecedent and charge-sheet has
Patna High Court CR. MISC. No.82523 of 2023(3) dt.19-03-2024 2/2 already been filed in this case.
6. Counsel also submits that the other similarly situated person, namely Krishna Kumar has been granted bail vide order dated 07.03.2024 passed in Cr. Misc. No. 71556/2023 as well as other two unknown accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 27.02.2024 and 27.07.2023 passed in Cr. Misc. No. 55103/2023 and Cr. Misc. No.45433 of 2023.
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V Bhojpur (Ara) in connection with Chandi P.S. Case No. 124 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T