Vikrant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26412 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BARH RAIL P.S. District- Patna ====================================================== 1.

Vikrant Kumar S/O Sanjay Kumar Resident of Village- Bahadurpur, Ward No. 08, P.S- Athmalgola, District- Patna.

2.

Aman Kumar S/O Sanjay Kumar Resident of Village- Bahadurpur, Ward No. 08, P.S- Athmalgola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with GRP Barh P.S. Case No. 05 of 2025, instituted for the offences punishable under Sections 191(1), 191(2), 126(2), 115(2), 125, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the Arms Act, Sections 145 and 147 of Railway Act, 1989.

3. The prosecution case, in short, is that, a violent clash involving stone pelting, physical assault and gunfire broke out between two groups at Athmalgola Railway Station over a

Patna High Court CR. MISC. No.26412 of 2025(2) dt.06-05-2025 2/3 dispute in which 15-20 individuals were involved. It is further alleged that four accused persons including the petitioners have been arrested by the police and it is also alleged that co-accused Veeru Kumar and his brother Chhotu Kumar have fired the bullets during the altercation.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against them are general and omnibus in nature. Both the petitioners are own brothers and there is no specific allegation of overt act against the petitioners. It is further submitted that no firearms have been recovered from the possession of the petitioners. Specific allegation of firing is levelled against co-accused, namely, Veeru Kumar and his brother Chhotu Kumar. The petitioners are in custody since 03.02.2025 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody

Patna High Court CR. MISC. No.26412 of 2025(2) dt.06-05-2025 3/3 undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GRP Barh P.S. Case No. 05 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T