Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20655 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- DIGHA District- Patna ====================================================== Vikash Kumar Son of Rajesh Rai @ Rajesh Gop @ Nakata Gope @ Nakat Rai @ Rajeshwar Rai Resident of Digha Patipul, P.S.- Digha, Distt.- Patna ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party :
Mr.Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34/120B of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, while the informant was going to his house from the shop, all the FIR named accused persons including this petitioner abused him and also made firing. It has been alleged that cause of the incident is that on 10.3.2018 informant's father was killed by Sunny Rai and Nakat Rai. Earlier firing had also been made on the informant in August, 2022. Informant claims that present incident has occurred on direction of said Sunny Rai and Nakat Rai, who are presently in jail.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. F.I.R. has been lodged after inordinate delay of 6 days without any explanation which renders the entire prosecution case doubtful. Allegation of assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. Co-accused, with similar allegation,
Patna High Court CR. MISC. No.20655 of 2025(2) dt.23-04-2025 2/2 has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 64429/2024. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 13, Patna in Digha Police Station Case No. 293/2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T