Vikram Pandey @ Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36079 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- SAKSOHRA District- Patna ====================================================== VIKRAM PANDEY @ BIHARI S/o- PRAMOD PANDEY VillageMadanchak Ps- Bind Dist- Nalanda .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2023 Heard Mr. Manoj Kumar Pandey, learned counsel for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Saksohra PS Case No. 26/2023 dated 08.03.2023 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 504 of the IPC and Section 27 of the Arms Act.

3. As per First Information Report, while the informant was celebrating Holi festival, the petitioner along 16 named accused persons and 10-12 unknown persons arrived at the place of occurrence resorted to firing and assaulted the informant and others by means of Lathi, Danda etc.

4. Learned counsel for the petitioner submits that from perusal of the FIR, it would be evident that the informant has given the description of weapon carried by the accused

Patna High Court CR. MISC. No.36079 of 2023(2) dt.28-06-2023 2/2 persons but the petitioner whose is named there in the FIR at serial no. 14 was not having any fire-arm in his hand. He further submits that the allegation against the petitioner and others is general and omnibus in nature and no one has received fire arm injury due to alleged firing. The petitioner has been implicated in this case due to political rivalry and the injury caused to the informant is simple in nature. The petitioner is in custody since 12.03.2023.

5. Regards being had the submissions made by the parties, taking into consideration the fact that allegation against the petitioner is general and omnibus in nature and he was not carrying arms as per the FIR and he is in custody since 12.03.2023, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Avinash Kumar, learned Judicial Magistrate, Barh, District, Patna in connection with Saksohra PS Case No. 26/2023.

(Anil Kumar Sinha, J) perwez U T