Vikram Sao @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5383 of 2025 Arising Out of PS. Case No.-201 Year-2011 Thana- MADANPUR District- Aurangabad ====================================================== Vikram Sao @ Vikram Kumar Son of Late Kishun Sao Resident of VillageMadanpur, P.S.- Madanpur, District -Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Madanpur P.S. Case No. 201 of 2011 registered for the offences under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, informant was shot at and he named son of one Bihari Sao as the assailant. Subsequently, during investigation the name of the petitioner transpired as the assailant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not the son of Bihari Sao rather he is son of the informant. The informant has married

Patna High Court CR. MISC. No.5383 of 2025(2) dt.12-02-2025 2/3 thrice and his first wife died issue-less and from second wife the petitioner has been begotten and one Puja Kumari is the daughter from the third wife. During investigation, for the first time, Puja Kumari named the petitioner as assailant of the informant and thereafter other witnesses came up and supported her version. Prior to that one of the witnesses categorically stated that the son of Bihari Sao of village Khiriawa had fired upon the informant. Learned counsel further submits that there is property dispute and for this reason the stepsister of the petitioner has named him in the present case as the assailant. Petitioner is in custody since 19.11.2024 and charge-sheet has been submitted. Petitioner is having antecedent of one case.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner was not initially named in this case as assailant and also considering the period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5383 of 2025(2) dt.12-02-2025 3/3 satisfaction of learned District and Sessions Judge, Aurangabad/concerned court in connection with Madanpur P.S. Case No. 201 of 2011, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T