Vikram Kumar Sahni @ Bikram Sahni @ Bikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26396 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== VIKRAM KUMAR SAHNI @ BIKRAM SAHNI @ BIKRAM KUMAR Son of Dinesh Sahni Resident of village - Laxmi Narayanpur, Bilanpur, P.S. - Lalganj, Distt. - Vaishali ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Lalganj P.S. Case No. 77 of 2022 registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act. He has got no criminal antecedent.
3. As per the prosecution story, when the informant reached his home after hearing the noise of arms fired, he saw four FIR named persons along with pistol covered in gamcha running out from his house. When he entered the house he saw his son's body covered with blood and when asked he said he was shot by co-accused Ravi Kumar and Sanjay Shukla and then he died.
Patna High Court CR. MISC. No.26396 of 2023(3) dt.30-08-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no specific allegation against the petitioner.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the materials available on the record showing that the specific allegation of firing is against co-accused Ravi Kumar and Sanjay Shukla, learned APP has after going through the case diary submitted that there is no significant material against the petitioner, he is not named in the FIR and the informant who is said to have seen the accused persons fleeing away has also not named this petitioner, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Lalganj P.S. Case No. 77 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learnd A.C.J.M.-II, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.26396 of 2023(3) dt.30-08-2023 3/3 any stage 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T