Vikram Kumar @ Vikram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6909 of 2023 Arising Out of PS. Case No.-609 Year-2020 Thana- KATIHAR NAGAR District- Katihar ====================================================== VIKRAM KUMAR @ VIKRAM KUMAR YADAV SON OF DEEPAK YADAV @ DEEPAK KUMAR YADAV R/O RAMNAGAR, P.S.- KATIHAR NAGAR, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 342 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Katihar Sahayak P.S.Case No. 609 of 2020 (S.T.No.256 of 2021).

As per allegation, three miscreants stopped the motor-cycle of the informant. They started firing at the informant, who suffered injuries on his knee and thigh of his right leg.

The learned counsel for the petitioner has submitted that the informant himself did not identify the accused persons.

Patna High Court CR. MISC. No.6909 of 2023(2) dt.29-04-2023 2/3 He has filed an affidavit in the court below and has also mentioned in the fardbayan that he did not identify the miscreants as it was dark. He has submitted further that considering these facts and circumstances, three accused persons, namely Aman Sah, Mukesh Sah and Bijli Yadav have been granted anticipatory bail by the I/C Sessions Judge, Katihar vide order dated 24.03.2021. The learned Sessions Judge has also granted bail to co-accused Chhotu Kumar Mandal having similar allegation, on 27.08.2022. He has also submitted that despite these facts nothing emerged against the petitioner. His prayer for bail was rejected by the court below merely on the basis of his criminal antecedent of one case as mentioned in paragraph no.3 of this bail petition. He is in custody since 09.

01.2021 Considering the above 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 learned ADJ-II, Katihar in connection with Katihar Sahayak P.S.Case No. 609 of 2020 (S.T.No.

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

Patna High Court CR. MISC. No.6909 of 2023(2) dt.29-04-2023 3/3

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

3. The petitioner shall make himself available on each and every date before the court below till conclusion of the trial.

(Nawneet Kumar Pandey, J) HR/- U T