This order grants regular bail to the petitioner in a murder case arising out of PS Case No. 131/2021 at Begusarai Town. The court noted the lack of direct allegations against the petitioner after hearing him.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of the same amount.
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.62030 of 2021
Arising Out of PS. Case No.-131 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
VIKRAM KUMAR S/o ARUN CHAUDHARI R/o VILLAGE-VISHNUPUR NAULAKHKHA, P.S-BEGUSARAI TOWN, DISTRICT-BEGUSARAI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
| =================== Appearance : For the Petitioner/s : |
... ... Opposite Party/s =================================== Mr. Ravindra Kumar, Adv. |
|---|---|
| For the Opposite Party/s : =================== |
Mr. Brajendra Nath Pandey, APP =================================== |
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-02-2022 Heard Mr. Mr. Ravindra Kumar, learned counsel for
the petitioner and Mr. Mr. Brajendra Nath Pandey, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Begusarai Town PS Case No. 131/2021 registered for the offence punishable under Section 147, 148, 149, 448, 452, 324, 307, 302 of the IPC.
The allegation, in a nutshell, is that on 15.02.2021 at 10:00 PM, ten to fifteen persons came to the house of informant and inquired about his son Sunny Kumar and took him away along with them. Later on, the informant came to know that the accused persons with an intention to kill his son assaulted him and his son was hospitalized where, during course of treatment, the son of informant died. It is further alleged that on the instigation of one Rajeev Kumar, the accused persons have
Patna High Court CR. MISC. No.62030 of 2021(2) dt.11-02-2022 2/3
assaulted and killed his son and friend of the deceased, namely, Karan Kumar was also assaulted by the accused persons.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any material and merely on the basis of suspicion. He further submits that the statement of friend of the deceased who received injury was recorded during course of investigation and he did not disclose the name of the petitioner.
Learned counsel next submits that petitioner is in custody since 30.03.2021 and similarly situated co-accused, namely, Rajeev Kumar, on whose instruction, the accused persons had assaulted and killed the son of the informant, has been granted bail by this Court vide Cr. Misc. No. 39391/2021.
Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 30.03.2021, there is no direct allegation against the petitioner and the injured witness, Karan Kumar did not disclose the name of the petitioner, similarly situated co-accused, namely, Rajeev Kumar, has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, VIKRAM KUMAR
Patna High Court CR. MISC. No.62030 of 2021(2) dt.11-02-2022 3/3
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 learned Judicial Magistrate, 1st Class, Begusarai in connection with Begusarai Town PS Case No. 131/2021.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner in a series murder case under IPC sections 302 and 307.
Whether irregularities in the FIR and lack of direct allegations against the petitioner justify granting bail.
1 provisions across 1 enactments
Vikram Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
