Patna High CourtCR. MISC./50378/2018bail granted

Vishal Kumar v. The State Of Bihar

2018-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50378 of 2018 Arising Out of PS. Case No.-184 Year-2017 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Vishal Kumar S/o Late Ram Janam Rai Resident of Village - Rajapakar (South Tola), P.S. - Rajapakar, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Kumar For the Opposite Party/s :

Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in short, is that accused persons including the petitioner by making conspiracy caused death of the brother of the informant by fire arms.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.11.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of last seen.

Patna High Court Cr.Misc. No.50378 of 2018(2) dt.14-09-2018 2/2 In the morning when the dead body of the deceased was found, it was suspected that the petitioner might have committed the said occurrence. Except for suspicion, there is no other substantive evidence to suggest implication of the petitioner in the present case. There is no eye witness to the said occurrence . On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur in connection with Industrial Area Hajipur P.S. Case No. 184 of 2017. (Sudhir Singh, J) Pankaj/- U T