Vikash Kumar @ Kunal Kumar @ Golki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31489 of 2025 Arising Out of PS. Case No.-137 Year-2023 Thana- BYPASS District- Patna ====================================================== Vikash Kumar @ Kunal Kumar @ Golki S/o Vinod Kumar @ Vinod Paswan R/o Village- Nakhash Pind, Barahmsathan, PS- Bypass, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bypass P.S. Case No. 137 of 2023 dated 17.03.2023 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code. Later on charge-sheet has been submitted u/s 302, 201 read with Section 34 of the I.P.C.
3. As per the prosecution case, some unknown miscreants are alleged to have assaulted the deceased (informant's brother) by means of lathi, stick and iron rod, as a result of which he died.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.31489 of 2025(2) dt.21-07-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against this petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused, Rohit Kumar. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2025. The co-accused person has already been granted regular bail by this Court vide order dated 19.09.2024 passed in Cr. Misc. No. 63462 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City in connection with Bypass P.S. Case No. 137 of 2023, with a condition:- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.31489 of 2025(2) dt.21-07-2025 3/3 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 petitioner are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T