Vishal Kumar Singh @ Vishal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79737 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vishal Kumar Singh @ Vishal Singh S/o Arbind Kumar Singh R/o village - Bishunpura, P. S - Chapra Muffasil, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Adv For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chapra Mufassil P.S. Case No. 224 of 2024 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the son of the informant namely, Prince Kumar @ Raja was called by Vishal Kumar Singh @ Vishal Singh (petitioner) on the pretext of going to a marriage ceremony. It is further alleged that Ravi Shankar Singh, Maya Shankar Singh and Anil Singh's brotherin-law's son who were present there, stabbed his son (Prince Kumar) in a pre-planned manner. It was also alleged that the petitioner had informed the informant's brother that Prince
2/4 Kumar @ Raja has been stabbed and his body has been thrown away. On receiving such information, the informant went to see his son at the Sadar Hospital and he came to know about the death of his son.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely because he has gone along with Prince Kumar @ Raja to a marriage ceremony. Learned counsel for the petitioner has further submitted that nothing has been recovered from the conscious possession of the petitioner to connect him with the alleged crime. As per Para-9 of the case diary, it would suffice that there was a scuffle between Prince Kumar @ Raja with the petitioner and others and no specific allegation was made against Vishal Kumar Singh @ Vishal Singh (petitioner). It is lastly submitted that the petitioner has antecedent of three cases as stated in para 3 of the bail petition and is in custody since 26.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail by contending that the deceased was stabbed multiple times and from perusal of the postmortem report, it seems that he has been brutally murdered by the accused persons. It has further been submitted that the petitioner
3/4 was instrumental in taking the deceased along with him on the pretext of going to a marriage ceremony, and hence he cannot be absolved of the charges made against him.
6. On considerations of the aforesaid facts and taking into account that the two other named accused persons namely, Ravi Shankar Singh and Maya Shankar Singh have been granted the benefit of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 07.10.2024 passed in Cr. Misc. No. 60603 of 2024 and also taking the fact into account that there is no specific allegation against the petitioner to have stabbed the deceased Prince Kumar, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 224 of 2024.
7. However, it is made clear that the petitioner shall cooperate in the investigation and in case the learned Trial Court is of the opinion that the trial is being delayed due to noncooperation on part of the petitioner, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the Trial.
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8. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T