In a bail petition under criminal miscellaneous proceedings, the Patna High Court enlarged the petitioner named Vikku Kumar on bail in connection with an FIR alleging commission of murder and other offences.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38203 of 2018
Arising Out of PS.Case No. -94 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI
====================================================== VIKKU KUMAR @ VIKRAM @ BITTU KUMAR, S/o Anil Shaw, R/o Bagha, P.S.- Town (Begusarai), District- Begusarai.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Rajendra Nath Jha
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 06-07-2018
Petitioner is permitted to make necessary correction in para-1 of the petition stating the Sections under which the present F.I.R. has been lodged.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 15.02.2018 in connection with Begusarai (Nagar) P.S. Case No.94 of 2018 for offences punishable under Sections 302, 120B of the Indian Penal Code and Section 25 (1-b) a/26/27/35 of the Arms Act.
The prosecution case, as lodged by the informant, is that while her husband was returning from his duty, he was shot dead by some unknown persons.
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It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, not named in the F.I.R. and his name transpired on the confessional statement of one Abnish Kumar who has confessed before the police about the criminal conspiracy hatched by him along with the petitioner and other accused persons. He submits that there is no eye witness to the alleged occurrence, charge-sheet has been submitted and other co-accused who has been named by the coaccused Abnish Kumar has since been granted the privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 32326 of 2018 dated 29.06.2018 and Cr. Misc. No. 32535 of 2018 dated 02.07.2018.
However, learned APP for the State opposes the prayer
for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Begusarai in connection with Begusarai (Nagar) P.S. Case No.94 of 2018, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will
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file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in connection with offences under Sections 302, 120B of IPC and Arms Act.
VIKKU KUMAR @ VIKRAM @ BITTU KUMAR
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
