Vicky Kumar @ Sajbal Kumar @ Sajawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82848 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== VICKY KUMAR @ SAJBAL KUMAR @ SAJAWAL KUMAR S/O BALESHWAR YADAV @ VALESHWAR YADAV R/O VILLAGEKANHAUL, P.S-BODHGAYA, DISTRICT-GAYA. ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 304, 307, 326/34 of the Indian Penal Code.

3. According to F.I.R., son of the informant got electrocuted in the field of the petitioner resulting in his death.

4. It is submitted that petitioner is innocent and has falsely been implicated in this case. As a matter of

Patna High Court CR. MISC. No.82848 of 2023(2) dt.18-01-2024 2/3 fact, the deceased walked onto a live wire while searching for his buffalo as a result of which the alleged incident took place. Moreover, F.I.R. has been lodged after an inordinate delay of two days, for which there is no plausible explanation. The other co-accused namely Baleshwar Yadav @ Valeshar Yadav (father of the petitioner) has already been granted anticipatory bail by this Court vide order dated - 05.09.2023 passed in Cr. Misc. No. 57946 of 2023 . Petitioner claims clean antecedent.

5. Learned counsel for the informant vehemently opposes the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Bodh Gaya

Patna High Court CR. MISC. No.82848 of 2023(2) dt.18-01-2024 3/3 P. S. Case No. 309 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T