Vikash Singh @ Vikash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37809 of 2025 Arising Out of PS. Case No.-299 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Vikash Singh @ Vikash Kumar Singh Son of Late Umeshwar Singh R/o village - Belha Gohuma, Bairia, P.S.- Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 38 of 2025, arising out of Phulparas P.S. Case No. 299 of 2023 for the offences registered under Sections 302, 120(B)/34 of the Indian Penal Code read with Section 27 of Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against three known and three unknown accused persons including the petitioner against whom there is allegation of dragging the husband of the informant and subsequently, sound of firing was heard by the informant. It was found that husband of the informant was injured and was dead.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case
Patna High Court CR. MISC. No.37809 of 2025(3) dt.13-08-2025 2/2 only on the basis of suspicion. Informant is not the eye-witness of the occurrence that the petitioner had fired upon the deceased. Similarly situated co-accused, namely, Suman Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 11195 of 2024. Learned counsel further submits that petitioner has one criminal antecedent in which he is on bail. Petitioner is in custody since 13.09.2024. Charge has already been framed. There is no chance of tampering with the evidence or absconding of the petitioner. Petitioner undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions JudgeI, Jhanjharpur, Madhubani in connection with Sessions Trial No. 38 of 2025, arising out of Phulparas P.S. Case No. 299 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T