Vikash Pandit @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80761 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- PIRO District- Bhojpur ====================================================== Vikash Pandit @ Vikash Kumar Son Of Dilip Pandit Resident Of VillageDharupur, Police Station- Bikramganj, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the State :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Piro P.S. Case No. 280 of 2022 instituted for the offence under Sections 302/34,120(B) of the Indian Penal Code. 3.

As per prosecution case, on 31-05-2022, while the informant along with his uncle 'Birendra Singh' and others were engaged in spreading soil, it is alleged that all the accused persons came there and made indiscriminate firing, as a result of which, uncle of informant, namely, Birendra Singh received gun shot injury and died, during course of treatment. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.80761 of 2023(2) dt.21-12-2023 2/3 that the petitioner is in custody since 17-05-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR, and name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Vikash Kumar Sah @ Rattan Sah, who has been granted bail by this Court vide order dated 28-04-2023 passed in Cr. Misc. No. 72386 of 2022. Other coaccused have also been granted bail by Co-ordinate Bench of this Court passed in Cr. Misc. No. 48262 of 2022, and Cr. Misc. No. 61809 of 2022.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court in connection with Piro P.S.

Patna High Court CR. MISC. No.80761 of 2023(2) dt.21-12-2023 3/3 Case No. 280 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T