Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8077 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- BARIYARPUR District- Munger ====================================================== Vikram Kumar son of Bilash Mandal Village- Paria Ps- Bariarpur DistMunger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, on 13.06.2023, the informant was sitting in his shop, he heard the sound of firing. he came to know by a passerby that his brother was murdered by gunshot. Thereafter, the informant ran towards the place of occurrence and saw that all the FIR named accused persons including the petitioner were firing indiscriminately. It is further alleged that they also injured other persons including

Patna High Court CR. MISC. No.8077 of 2024(2) dt.20-02-2024 2/3 the informant. Due to this occurrence, cousin brother of the informant and one other person died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather during investigation, he has been cropped in this case merely on the basis of his confessional statement which is not admissible in the eye of law. He has falsely been implicated in this present case. There is no specific allegation levelled against the petitioner rather the specific allegation of firing is levelled against co-accused persons namely, Dulo Yadav, Vicky Mandal, Dhiraj Mandal and Rahul Kumar. It is further submitted that the petitioner is languishing in judicial custody since 05.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bariarpur P.S. Case No. 112 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.8077 of 2024(2) dt.20-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Munger. (Sunil Kumar Panwar, J) manishkumar/- U T