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Patna High Court - Orders

Vakil @ Vakil Kumar @ Vakil Dujra @ Vakil ... vs The State Of Bihar on 15 March, 2017

Author: Arun Kumar

Bench: Arun Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.6667 of 2017
                    Arising Out of PS.Case No. -245 Year- 2015 Thana -BUDDHACOLONY District- PATNA
                 ======================================================
                 Vakil @ Vakil Kumar @ Vakil Dujra @ Vakil Choudhary, S/o Baijnath
                 Choudhary, R/o Mohalla - Dujra Baripar, P.S. Buddha Colony, District -
                 Patna.

                                                                              .... ....   Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Birendra Kumar Singh
                 For the Opposite Party/s   : Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
                 ORAL ORDER

3   15-03-2017

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, already in custody, seeks bail in connection with Sessions Trial No. 827 of 2016, arising out of Buddha Colony P.S. Case No. 245 of 2015, corresponding to G.R. Case No. 6895 of 2015 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation in brief is that Guddu, Vakil and Munna Mahto shot at Raju Rai resulting into his death.

Learned counsel appearing on behalf of the petitioner submits that the allegation of opening firing is against three accused but only one fire arm anti mortem injury is found in the post mortem of the deceased and the motive behind the Patna High Court Cr.Misc. No.6667 of 2017 (3) dt.15-03-2017 2/2 occurrence is land dispute but this petitioner has no concern with said land dispute moreover this petitioner has no criminal antecedent except one case, which was registered as Gandhi Maidan P.S. Case No. 41 of 2010 under sections 323, 147 and 148 of the Indian Penal Code and in that case too he is on bail. The charge sheet has also been submitted in the present case.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Vakil @ Vakil Kumar @ Vakil Dujra @ Vakil Choudhary, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Patna in connection with Sessions Trial No. 827 of 2016, arising out of Buddha Colony P.S. Case No. 245 of 2015, corresponding to G.R. Case No. 6895 of 2015, with the condition that the petitioner shall present physically on each and every date before the trial court and in case of failure on two consecutive dates, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) Mahesh/-

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