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Patna High CourtCR. MISC./16502/2025bail granted

Vikash Kumar v. The State Of Bihar

2025-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16502 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- ROH District- Nawada ====================================================== VIKASH KUMAR S/O DHARMENDRA PRASAD R/O VILLAGERUSTAMPUR, P.S.-ROH, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Roha P.S. Case No. 254 of 2024 instituted for the offences under Sections 103(1), 3(5) of the BNS and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on 25.08.2024, father of the informant was shot dead by the FIR named accused persons and three unknown persons. It is further alleged that informant rushed to the spot and took his father to the hospital where he was declared dead.

Patna High Court CR. MISC. No.16502 of 2025(2) dt.22-03-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of suspicion. There is no eye-witness to the occurrence. Learned counsel further submitted that there is no specific allegation against the petitioner rather the specific allegation is against the co-accused Nishant Kumar and Raushan Kumar Thakur. The FIR named co-accused person, Raushan Kumar Thakur has already been granted bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 86834 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2024 and has one criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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

Patna High Court CR. MISC. No.16502 of 2025(2) dt.22-03-2025 3/3 below/concerned Court in connection with Roha P.S. Case No. 254 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T