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Patna High CourtCR. MISC./7377/2025bail rejected

Vikash Kumar @ Vikash Kumar Singh v. The State Of Bihar

2025-06-24Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7377 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Vikash Kumar @ Vikash Kumar Singh S/o Late Govind Singh Resident of Village- Lakshmanpur, PS- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Akanksha Malviya, Adv Mr. Akash Keshav, Adv For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Muffasil P.S. Case No. 266 of 2024 registered for the offences punishable under Sections 103(1), 3(5) and 61 of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the informant's husband had been called to join a party at Sonu Singh's Fulwari by the petitioner and others, subsequently, it is alleged that at around 9:00 P.M., the informant's husband returned and after taking dinner he went back and however he did not return. On the next morning, when the informant woke up she was informed by her son that his father is lying dead in the Fulwari.

Patna High Court CR. MISC. No.7377 of 2025(4) dt.24-06-2025 2/3 Thereafter, a suspicion was raised by the informant that all the named accused persons including the petitioner had conspired to kill her husband.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the husband of the informant, though, was called by the petitioner as alleged, however, he had returned at 9:00 P.M., and thereafter on a call of someone he had gone again and as such it cannot be said to be a case of last seen. It is next submitted that no recovery has been made at the instance of the petitioner as stated by the police. It is also submitted that allegation of the dispute with regard to some money is false and even during the course of investigation, no such evidence has come. It is lastly submitted that the petitioner has clean antecedent and is in custody since 28.09.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the informant's husband was called by the petitioner and he went out for a party and thereafter did not return. It is also stated that during the course of investigation it has come that the informant's husband was along with the named accused persons and, thereafter, his dead

Patna High Court CR. MISC. No.7377 of 2025(4) dt.24-06-2025 3/3 body was found in the Fulwari, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid facts and circumstances of the case and also taking into account the fact that there is a specific allegation against the petitioner coupled with the fact that there was a recovery of arms used in the said incident at the instance of the petitioner, this Court is not inclined to grant bail to the petitioner and the same is hereby rejected. (Sourendra Pandey, J) Jyoti/- U T