Vikki Kumar @ Vikki Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80542 of 2023 Arising Out of PS. Case No.-31 Year-2021 Thana- MARANCHI District- Patna ====================================================== Vikki Kumar @ Vikki Roy Son of Sanjay Mahto @ Sanjay Ray R/O VillageSimariya Ghat, Bind Toli, P.S.- Barauni, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maranchi (Pachmahla O.P.) P.S. Case No. 31 of 2021 instituted for the offences under Sections 341, 323, 326, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that while the Informant with his brother were on a boat for the purpose of fishing, suddenly, a bullet hit his brother on the right side of his waist due to which the blood started oozing, whereafter, the injured was brought to the Kalpana Nursing Home, Begusarai for treatment and the present case has been registered against the unknown persons.
Patna High Court CR. MISC. No.80542 of 2023(2) dt.20-12-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation in the Supervision Note of S.D.P.O., Barh on the basis of tower location of the accused persons. The petitioner has altogether eight criminal antecedents but, in all the cases, he is on bail. He further submits that the similarly situated co-accused persons, namely, Vikash Kumar @ Vicky Singh and Magnu Bind @ Magan Bind have been granted bail by a Co-ordinate Bench of this Court vide orders dated 02.01.2023 and 24.06.2023 passed in Cr. Misc. Nos. 14597 of 2022 and 33763 of 2023 respectively.
5. The petitioner is in judicial custody since 29.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, 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 Court below/concerned
Patna High Court CR. MISC. No.80542 of 2023(2) dt.20-12-2023 3/3 Court in connection with Maranchi (Pachmahla O.P.) P.S. Case No. 31 of 2021, subject to the following conditions; (i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T