Patna High Court - Orders
Vijay Kumar Arya @ Vijay Kumar vs The State Of Bihar on 26 September, 2016
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22030 of 2016
Arising Out of PS.Case No. -40 Year- 2003 Thana -PARAIYA District- GAYA
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Vijay Kumar Arya @ Vijay Kumar, son of late Ramjatan Singh Yadav,
resident of village - Karma, P.S. - Konch, District - Gaya.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Rajesh Kumar Singh, Advocate.
For the Opposite Party : Mrs. Indu Bala Pandey(App)
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
7 26-09-2016Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 19.09.2015 in connection with Paraiya P.S. Case No. 40 of 2003 for the offences instituted under Sections 147, 148, 149, 353, 324, 323, 326, 332, 307,302, 452, 436, 426, 427 of the IPC, 27 of the Arms Act, ¾ of the Explosive Substances Act and 17 of the Criminal Law Amendment Act.
The prosecution story, in brief, is that the extremists surrounded the police station, fired resulting in death of three police personnels, however, 7 chits were found fallen containing Patna High Court Cr.Misc. No.22030 of 2016 (7) dt.26-09-2016 2/3 list of 112 extremists, which included the name of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. General and omnibus allegation has been made against him. No specific injury has been attributed against him. The other co-accused have been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. Nos. 57523, 56189, 55174,54088, 53133, 50623, 50539, 45296, 44520, 39013, 37841, 36376, 33026, 28888, 11882, 7125, 672 all of the year 2007, 49966, 42010, 38377, 33772, 20519, 15020, 10286, 10000, 3459, 1467 all of the year 2008, 48359, 34634, 19076 all of the year 2005, 38772, 20785, 15665 all of the year 2010, 35880, 34755, 31190, 28034, 26654, 26362, 25707, 24019 all of the year 2006, Cr. Misc. Nos. 5474/2012, 9442/2016, 7821/2016 and 33558 of 2011.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned C.J.M., Gaya, in Patna High Court Cr.Misc. No.22030 of 2016 (7) dt.26-09-2016 3/3 connection with Paraiya P.S. Case No. 40 of 2003.
U.K./- (Sudhir Singh, J) U T