Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.656 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== Vikash Kumar Son of Bahadur Yadav Resident of Village - Jhinaura, Police Station - Tetarhat, District - Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K. Lal, Sr. Advocate Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Tetarhat P.S. Case No. 94 of 2024 instituted for the offence under Sections 341, 323, 427 & 34 of the Indian Penal Code and Sections 25(1-B)a, 26 & 27 of the Arms Act.

3.

Prosecution case in short is that informant saw one Raman Singh's damaged boring and raised an alarm, thereafter, petitioner and others attacked and fired upon him, as a result, one bullet passed through his ear, whereafter, it is alleged that petitioner thrown his revolver and fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-10-2024. Petitioner

Patna High Court CR. MISC. No.656 of 2025(2) dt.20-01-2025 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that there is no specific allegation of firing against the petitioner. There is general and omnibus allegation against the petitioner. There is no recovery of fire arms from the conscious possession of the petitioner. Petitioner has no concern with the fire arms. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and there being no injury on record, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tetarhat P.S. Case No. 94 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.656 of 2025(2) dt.20-01-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T