Vikas Kumar @ Chocho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27118 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- GOPALPUR District- Patna ====================================================== VIKAS KUMAR @ CHOCHO S/o Gorakh Roy R/o Village- Sirpatpur, P.S.- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi, Adv For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Gopalpur P.S.Case No.97 of 2020 registered for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the informant received an information that co-villagers, namely, Vikas Kumar @ Chocho, Gorakh Roy and Juli Devi, elder daughter of Gorakh Roy were assaulting his younger brother-Karu Kumar @ Kante, whereupon the informant rushed to the parti place which is south to the house of Gorakh Roy where Vikas Kumar @ Chocho, Gorakh Roy and Juli Devi were assaulting his brother Karu Kumar @ Kante. The deceased wanted to flee from there

Patna High Court CR. MISC. No.27118 of 2021(4) dt.29-01-2022 2/3 but Gorakh Roy and his daughter Juli had caught the deceased. In the meantime, Vikas Kumar @ Chocho went to his house and brought a pistol. He pelted three fire shots into the body of the deceased Karu Kumar @ Kante, as a result the deceased fell down and started wriggling. An unknown person with motorcycle was standing from before and Vikas Kumar @ Chocho fled away with him. It is further stated that the informant with the help of his family took his brother to Hospital for treatment. However, the victim died at Bairiya. The informant stated that the deceased received three fire shorts from accused Vikash Kumar, one at centre of chest, other at right shoulder and the third one in the bottom of the left shoulder. The deceased succumbed to the injuries of fire shot.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation, which was made in the FIR, is the intentionally created by the informant. Learned counsel for the petitioner submits that the name of the petitioner has been diluted mentioned in the FIR. Learned counsel for the informant as well as learned A.P.P.

Patna High Court CR. MISC. No.27118 of 2021(4) dt.29-01-2022 3/3 FIR he is the main assailant. He further submits that in the case diary paragraph-8 and 9 the witnesses supported the person of the FIR. Learned counsel for the informant further submits that during pendency of the present case, the petitioner has been made accused in Bahadurpur P.S.Case No.141 of 2020 which was instituted on 18.09.2020. He further submits that again Beur P.S.Case No.248 of 2020 was registered on 01.10.2020 under Section 188,414 of IPC and Section 52 of the Prisoner's Act against the petitioner. Even the petitioner has threatened one of the eye witnesses, namely, Madan Kumar on 11.04.2021 for which Mr. Madan Kumar has filed a complaint to the local authority.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Gopalpur P.S.Case No.97 of 2020 pending in the court of learned Sub Judge-IX-cum-A.C.J.M., Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T