Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80106 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== VICKY KUMAR SON OF ASHOK SINGH R/O VILLAGE- NANDPUR, P.S.- SURYAGARHA, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bijendra Kumar, Advocate For the Opposite Party/s :

Mr Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2 The petitioner seeks bail in connection with Suryagarha PS Case No 217 of 2023 registered for the offence punishable under Sections 448, 323, 385, 307, 504, 506, 427/34 of the IPC and Section 27 of the Arms Act.

3 As per the FIR, allegation against the petitioner is of vandalizing the hotel and assaulting the driver and khalasi. 4 Perused the First Information Report and impugned order dated 27.09.2023 passed by learned Additional Sessions Judge III, Lakhisarai. It appears that FIR has been registered under Sections 448, 323, 385, 307, 504, 506, 427/34 of the IPC and Section 27 of the Arms Act against four persons including

Patna High Court CR. MISC. No.80106 of 2023(3) dt.29-02-2024 2/3 the petitioner.

5 Learned counsel for the petitioner has submitted that from perusal of FIR, it is apparent that no injury has been caused in purview of Section 307 of the IPC. Only threatening of killing and mischief in hotel of informant are alleged. Impugned order also does not show any injury attracting Section 307 of the IPC or any act regarding Section 307 of the IPC. 6 Learned APP has opposed the prayer for bail. 7 Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of CJM, Lakhisarai in Surajgarha PS Case No 217 of 2023.

8 The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge sheet has not been submitted then the above named petitioner shall be released on bail on his furnishing bonds with further condition that he has to present physically on each and every date before the trial Court till conclusion of the proceeding of framing of

Patna High Court CR. MISC. No.80106 of 2023(3) dt.29-02-2024 3/3 charge.

(Ramesh Chand Malviya, J) M.E.H./- U T