Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34730 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== 1.
Vikram Kumar S/o- Raj Kumar Thakur Village- Baharvan, P.S. Rahika, District- Madhubani 2.
Rahul Kumar @ Rahul Kumar Thakur S/o- Raj Kumar Thakur VillageBaharvan, P.S. Rahika, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar, Advocate Mr. Abhishek Mishra, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Rahika P.S. Case No. 33 of 2025 registered for the offences punishable under Sections 331(4), 351(2), 3(5) of BNS and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution story, the informant (police official) got information that some miscreants, were forcing the dancing girls to dance on gun point. For verification of the same, when police reached on the place of occurrence they saw some persons fleeing away after seeing them. The alleged persons were apprehended on the spot. Upon interrogation, they
Patna High Court CR. MISC. No.34730 of 2025(2) dt.29-05-2025 2/3 disclosed their name as Vikram Kumar (petitioner no. 1), Rahul Kumar (petitioner no. 2), Rohit Thakur, Sikendra Rai, Ajay Kumar and Shubham Pathak. Upon search, one country made pistol has been recovered from possession of petitioner no. 1 and one live cartridge has been recovered from the possession of petitioner no. 2.
4. Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. is lodged with a mala fide intention and contains exaggerated allegations, the name of the petitioners stated in the F.I.R. with a general and omnibus allegation. Nothing incriminating has been recovered from the possession of the petitioners. The name of the petitioners have been implicated in this case due to village politics. No independent witness has signed on seizure list prepared by the police officer. Learned counsel further submits that after completion of investigation chargesheet has been submitted in this case by the police against the petitioners. Both the petitioners are in custody since 08.02.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
Patna High Court CR. MISC. No.34730 of 2025(2) dt.29-05-2025 3/3 the period under custody, let the petitioners, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Madhubani in connection with Rahika P.S. Case No. 33 of 2025 subject to the following conditions :- (i). Petitioners will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T