Patna High CourtCR. MISC./28831/2024bail granted

Vikash Kumar @ Vikash Prasad v. The State Of Bihar

2024-05-20Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28831 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Vikash Kumar @ Vikash Prasad S/O Rajeshwar Prasad Jaiswal @ Rajeshwar Prasad R/O Mohalla- Gola Par, Near Vishal Mega Mart, P.S- Danapur, Distt.- Patna. At Present Residing At Village Takiapar, Chitrakut Nagar, P.SDanapur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Informant :

Mr. Ratnakar Pandey, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Patliputra Police Station Case No. 632 of 2023 registered for the offence under Sections 326, 307 and 120(B) of the IPC and Section 27 of the Arms Act.

3. As per allegation in the FIR, on 31.07.2023 he was informed on mobile phone that his younger brother namely Nilesh Prasad was shot by four culprits, who came on two motorcycles. They shot his brother Nilesh Prasad, when he was in his swift dezire car. He was brought to the Kurji Holy Family Hospital from where he was referred to Ruban Hospital. During the treatment, he was died. There was political enmity of

Patna High Court CR. MISC. No.28831 of 2024(3) dt.20-05-2024 2/3 accused persons namely Pappu Rai, Dhappu Rai @ Rajkumar and Gorakh Rai, with his brother. They had arranged the contract killer for the murder of his brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is not named in the FIR and he is in custody since 11.09.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the case diary and impugned order dated 19.03.2024, it appears that the allegation against the petitioner is that he is sim card provider of some accused and no other allegation found against the petitioner. Some co-accused persons have already been granted bail by this Court in Cr. Misc. Nos. 6309 of 2024 and 14021 of 2024 vide order dated 10.04.2024 and in Cr. Misc. No. 16808 of 2024 vide order dated 06.03.2024 and in Cr. Misc. Nos. 7820 of 2024 and 6915 of 2024 and 22527 of 2024 vide order dated 19.04.2024.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 learned

Patna High Court CR. MISC. No.28831 of 2024(3) dt.20-05-2024 3/3 ACJM - X, Patna in connection with Patliputra P.S. Case No. 632 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T