Allowed

Vikky v. The State Of Bihar

Patna HC9 Oct 2013CR. MISC./19471/2013

Case brief

AI extract

What is this about?

In this bail petition, the Patna High Court granted bail to the petitioner accused in a murder and arms offence case. The incarceration was ordered eased upon submission of a bail bond with sureties and adherence to specific court appearance conditions.

What did the court decide?

Release on bail subject to furnishing a bond of Rs. 10,000 with two sureties and complying with conditions regarding court appearances and diary transmission.

Vikky Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19471 of 2013 ====================================================== Vikky S/O Vakil Ahmad Resident Of Gulshan Haideri Noon Ka Chauraha, P.S.- Khajekala, District- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 09-10-2013 Heard learned counsel for the petitioner and Ms. Indu Bala Pandey, APP for the State.

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Petitioner seeks bail in Kadamkuan P.S. case no. 339 of 2012 instituted under Sections 302 of the Penal Code and Section 27 of the Arms Act.

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The informant is not an eye witness to the occurrence. It has been alleged that his brother was shot dead by unknown miscreants. In course of investigation the name of the petitioner surfaced as an accused through the confessional statement of some of the co-accuseds.

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Learned counsel for the petitioners submits that three co -accuseds in course of investigation made confessional statements naming the petitioner as one of their associates. It is stated that besides the aforesaid confessional statement, there is no other evidence incriminating the petitioner in the alleged

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Patna High Court Cr.Misc. No.19471 of 2013 (3) dt.09-10-2013

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offence. The petitioner is in custody since 17.1.13. Explaining his antecedent, it has been stated that in the year 2009 he was enmeshed in a case in which he was already released on bail. Learned counsel further contended that one of the co accuseds, namely, Soni @ Ezaj who named the petitioner in his confessional statement has since been privileged with bail by order dated 7.10.13 passed in Cr. Misc. No. 13251 of 2013, copy whereof has been handed in by learned counsel for the petitioner which is taken on record and marked ‘Y’ for identification.

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In the facts and circumstances of the case, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Kadamkuan P.S. Case No. 339 of 2012, subject to the following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner. (ii) Once the charges are framed in the

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own/close family member of the petitioner.

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Once the charges are framed in the trial, the petitioner shall appear in person before the trial Court on each

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Patna High Court Cr.Misc. No.19471 of 2013 (3) dt.09-10-2013

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date. In case of default in such appearance on two consecutive dates the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

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The case diary received in the case be transmitted to

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the Court below immediately.

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(Kishore Kumar Mandal, J)

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Shyam/-

Vikky v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vikky v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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