Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85274 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Vikash Kumar Son of Mohan Kumar@Mohan Yadav@Mohan Gope Resident of Durga Charan Lane, Near Bari Patan Devi, Attachakki, Police StationAlamganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 365 of the Indian Penal Code and later on Sections 364, 302, 201, 120(B) and 34 of the IPC were added.

3. It is a case of commission of abduction and thereafter committed murder of the informant's brother, namely, Jai Prakash Rai.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Kashi

Patna High Court CR. MISC. No.85274 of 2023(2) dt.10-01-2024 2/2 Nath Rai which has got no evidentiary value in the eye of law. Petitioner has no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 13.12.2023 in Cr. Misc. No. 79093 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T