Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25440 of 2025 Arising Out of PS. Case No.-426 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Vikash Kumar Son of Late Satyendra singh village- Dharupur, PsBikramganj, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :
Mr.Shailendra Kumar For the Informant :
Mr. Babu Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 594 of 2024 arising out Bikramganj P.S. Case No. 426 of 2024 dated 18.07.2024 registered for the offences punishable u/s 103, 317(5) read with section 3(5) of the BNS and section 25(1-B) (a), 26 and 35 of the Arms Act
3. As per the prosecution case, unknown miscreants are alleged to have shot the informant's son dead.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of
Patna High Court CR. MISC. No.25440 of 2025(04) dt.18-08-2025 2/3 the petitioner has sprung up in the confessional statement of the co-accused Vikash Kumar @ Vikash Pandit. Nothing has been recovered from the conscious possession of the petitioner. As per the para 49 of the case diary, the allegation against the petitioner is only of caughting hold of the deceased and the coaccused Bikas Pandit fired three bullets in his head. It is further submitted that the petitioner has seven criminal antecedents and he has been acquitted in three criminal cases as stated in para 3 of the supplementary affidavit. The petitioner is in custody since 25.07.2024.
5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. Learned counsel for the Informant has stated that the petitioner has tried to suppress the fact regarding the acquittal of three criminal cases out of seven criminal case, although he has not been acquitted of any other criminal cases.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with S.Tr. No. 594
Patna High Court CR. MISC. No.25440 of 2025(04) dt.18-08-2025 3/3 of 2024 arising out Bikramganj P.S. Case No. 426 of 2024, with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T