Vinay Bhushan Prasad @ Kakku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35466 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Vinay Bhushan Prasad @ Kakku Singh S/O Ramdev Singh R/O VillageAhiyatpur, P.S.- Nagar Nausha, District- Nalanda At present resides at Mohalla-Miantoli Khushrupur,PS-Khusrupur, Distt-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37784 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Kameshwar Singh S/o- Mahendra Singh @ Mohan Singh Resident Of Village- Lodipur, Mansurpur, Ps- Khushrupur, Dist- Patna 2.

Raj Kumar @ Raj Kumar Singh S/o- Mahendra Singh @ Mohan Singh Resident Of Village- Lodipur, Mansurpur, Ps- Khushrupur, Dist- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35466 of 2025) For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh (In CRIMINAL MISCELLANEOUS No. 37784 of 2025) For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-08-2025 Both Cr. Misc. applications have arisen out of the same occurrence and as such they have been heard together and are being disposed of by passing this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.35466 of 2025(3) dt.20-08-2025 2/3 connection with Khusrupur P.S. Case No. 43 of 2025 for the offence under Sections 191(2), 191(3), 190, 103(1), 115(2) of the B.N.S. and Section 27 of the Arms Act.

4. The First Information Report contains allegations against 23 accused persons, stating that they arrived at the informant's residence armed with various weapons and began assaulting the occupants. Specific allegations have been made against four individuals who allegedly opened fire. Among them, Gautam Kumar is accused of shooting the informant's son, with the bullet striking him in the back. The victim succumbed to his injuries while being taken for medical treatment.

5. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely and wrongly been implicated in this case due to dirty village politics and personal grudge. The case of the defence is that the petitioner and informant are co-villagers and due to previous enmity they have been made accused in this case. Petitioner was neither present on the place of occurrence nor he has any role in the instant incident. Learned counsel further submits that other co-accused persons namely Rajendra Singh and Rakesh Kumar have been granted bail by a Co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.35466 of 2025(3) dt.20-08-2025 3/3 dated 06.08.2025 in Cr. Misc. No. 36913 of 2025 and one Bablu Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 11.08.2025 in Cr. Misc. No. 37116 of 2025. There is general and omnibus allegation against the petitioners of being member of mob.

6. Learned APP opposes the prayer for bail.

7. Keeping in view the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail.

8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, in connection with Khusrupur P.S. Case No. 43 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S.

(S. B. Pd. Singh, J) Ankit Kumar/- U T