Allowed

Vikky Kumar @ Vikky Singh v. The State of Bihar

Patna HC18 Feb 2022CR. MISC./52190/2021

Case brief

AI extract

What is this about?

In a bail application challenging the rejection of plea for regular bail in an offence of rioting and waging war, the High Court granted regular bail considering the co-accused had been released, no injury was caused to the informant, and the charge-sheet was submitted.

What did the court decide?

Released on regular bail on furnishing bond with two sureties of Rs. 10,000/- each.

Vikky Kumar @ Vikky Singh Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52190 of 2021

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Arising Out of PS. Case No.-204 Year-2020 Thana- BARHIYA District- Lakhisarai

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======================================================

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VIKKY KUMAR @ VIKKY SINGH Son of Ram Sewak Singh @ Ram Sewak Kumar Resident of Village- Jaitpur, P.S.- Barahiya, DistrictLakhisarai.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satyam Shivam Sundaram For the Opposite Party/s : Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 18-02-2022

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Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing.

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Petitioner seeks regular bail in connection with Barahiya P.S. Case No. 204 of 2020 registered for the offence punishable under Sections 147, 148, 149, 307, 120(B) of the I.P.C. and Section 27 of the Arms Act.

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The allegation is that the petitioner along with other accused persons, ten in number, allegedly fired upon the informant, who, somehow, saved his life by jumping into the river Ganga .

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Learned counsel for the petitioner submits that there is general and omnibus allegation of firing upon ten accused persons including the petitioner and the informant has not

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Patna High Court CR. MISC. No.52190 of 2021(3) dt.18-02-2022 2/3

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received any injury due to the alleged firing. He next submits that F.I.R. was lodged after delay of two days without any explanation. He also submits the similarly situated co-accused, namely, Chandan Kumar @ Titu Dhamaka and Baua Singh @ Suman Ranjan have already been granted regular bail by this Court vide Cr. Misc. No. 32942 of 2021 and Cr. Misc. No. 32224 of 2021 respectively. Learned counsel next submits that petitioner is in custody since 17 / 06 / 2021, charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if he is released on bail.

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Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 17-06-2021, charge-sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence if he is released on bail, informant has not received any gun-shot injury and similarly situated co-accused persons have already been granted regular bail by this Court, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/-

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Patna High Court CR. MISC. No.52190 of 2021(3) dt.18-02-2022 3/3

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(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No. 204 of 2020 subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds shall liable to be cancelled

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(Anil Kumar Sinha, J)

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praful/-

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U T

Vikky Kumar @ Vikky Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikky Kumar @ Vikky Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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