Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33375 of 2025 Arising Out of PS. Case No.-1095 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.
Vikash Kumar @ Vikash Kumar Yadav Son of Chandeshwar Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 2.
Deepak Kumar Son of Shivji Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 3.
Inglish Kumar Son of Gopal Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 4.
Amaresh Kumar Son of Sakes Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 5.
Abhishek Kumar Son of Pinku Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 6.
Nitish Kumar Son of Ranjeet Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 7.
Sunny Kumar @ Sunny Kumar Rai Son of Harendra Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 8.
Chandan Kumar @ Ranjan Kumar Son of Tarkeshwar Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) 9.
Anshu Kumar @ Ashutosh Kumar Son of Dilip Kumar Rai Resident of Village - Chaurasiya Tola, P.S.- Sonepur, District - Chapra (Saran) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Eashita Raj For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Sonpur P.S. Case No. 1095/2024 dated 29.12.2024 registered for the offence punishable u/ss 190,
2/4 191(2), 191(3), 109, 326(a), 115(2), 125, 324(4), 324(5) and 61(2) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 28.12.2024 during patrolling at about 20:15, the informant received an information that there was clash between two groups over a dispute between children and after getting the said information the informant reached near the place of occurrence and on seeing the police 35-40 miscreants tried to flee away but 07 persons were apprehended and rest of the accused persons managed to flee away taking advantage of darkness and narrow lane. On inspection of place of occurrence several bricks and stones were found scattered and on query from the apprehended persons they disclosed that one day prior to the said occurrence, a quarrel had taken place between the children and due to which the said occurrence had taken place.
It is further alleged that in the course of the scuffle one person namely Sheo Rai was apprehended and his treatment was done at Referral Hospital, Sonepur. In the meantime, the informant also received an information that Poultry Farm of Sanjeet Kumar situated at Village Chausiya was put on fire and on inspection of said place of occurrence one empty cartridge was found and accordingly seizure list was prepared.
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4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner have no concern with the alleged occurrence. The other co-accused persons have already been granted bail by this court vide order dated 14.02.2025 passed in Cr. Misc. No. 4106/2025. There is general and omnibus allegation against the petitioners. The petitioner no. 2 has two antecedent whereas the other petitioners have clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sonpur P.S. Case No. 1095/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with the further condition:-
4/4 (i). The petitioners are 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 bonds of the petitioners are liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T