Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80109 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Vicky Kumar Son of Ram Pravesh Singh @ Ram Prasad Resident of Muhalla - Gayatri Nagar Kurthaul, P.S. - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302, 34, 120(B) of the IPC.

3.

As per the prosecution story, the deceased brother of the informant left his house by stating that Pappu Kumar and the petitioner had called him in order to give him money. He left his house at 6:30 P.M., later on the informant came to hear the rumour that his brother has been killed by means of strangulation and his dead body is lying at Parsuramchak field. On this information, the informant went there and found that his

Patna High Court CR. MISC. No.80109 of 2024(3) dt.23-01-2025 2/3 brother had been done to death by strangulation 4.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case on suspicion. There is no specific overt act attributed against the petitioner. There is general and omnibus allegation against the petitioner. Similarly situated co-accused persons have been granted regular bail by this Court vide order dated 28.06.2023 passed in Cr. Misc. No. 1848 of 2023 and Cr. Misc. No. 4582 of 2023. The petitioner has four criminal antecedent as mentioned in para 3 of the bail application and has been languishing in custody since 22.07.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and since there is no specific overt act attributed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Parsa Bazar P.S. Case No. 215 of 2022.

Patna High Court CR. MISC. No.80109 of 2024(3) dt.23-01-2025 3/3 7.

Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.

(Anjani Kumar Sharan, J) priyanka/- U T