Vikram Kumar @ Vikash Kumar @ Vikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33697 of 2025 Arising out of PS. Case No.-395 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Vikram Kumar @ Vikash Kumar @ Vikash son of Late Tek Narayan Ray Resident of Village -Megha Police Station- Keoti District -Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s:
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Keoti P.S. Case No. 395 of 2024 instituted for the offences under Sections 126(2), 352, 351 (2) and 3(5) of BNS, 2023. He has six criminal antecedents.
3. As per the prosecution case, it has been alleged that the petitioner along with 5 to 6 persons came to the house of the informant and abused and threatened the daughter-in-law of the informant. It is further alleged that the petitioner went to the plot situated nearby the house of the informant and fired in air and the same was captured in the CCTV camera. It is also alleged that the petitioner is accused in Keoti P.S. Case No. 202 of 2024 and the informant has alleged that from the CCTV footage it is evident that one more person was captured by CCTV camera
2/4 namely Bipin Kumar.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no such incident as stated in the FIR has occurred. Learned counsel for the petitioner further submits that CCTV footage has not been produced before the police during the investigation and no incriminating article like shell of the fire, which has been alleged to be made by the petitioner, has not been recovered from the place of occurrence. It is also submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case merely because he carries six criminal antecedents against his name and he is in custody since 07.03.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that firearm shots alleged to have been fired by the petitioner and has been captured in the CCTV footage.
6. Considering the aforesaid submissions of learned counsel and taking into account the fact that there is no evidence to suggest that the petitioner was there at the place of occurrence and that he is in custody since 07.03.2025, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two
3/4 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Darbhanga in connection with Keoti P.S. Case No. 395 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except six criminal antecedents and in case at any stage it is found that the petitioner has concealed his criminal antecedent except six criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail
4/4 bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
7. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Darbhanga within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. (Sourendra Pandey, J) Vikash/- U T