Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39669 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Vinay Kumar S/o Sudish Kumar Yadav @ Sudish Roy R/o Village- Pakri Vasarat, PS- Sahebganj, District- Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Preety Kunwar For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 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 Bhaptiyahi P.S. Case No. 14 of 2024, dated 22.01.2024 registered for the offences punishable under Sections 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 20.01.2024 at about 03:00 AM, a cream coloured Swift Dzire car got parked near a truck which was parked just outside the hotel of the informant. Three persons came out of the said car and the informant under suspicion called his hotel owner and conveyed the said information and then inquired a boy standing near the
Patna High Court CR. MISC. No.39669 of 2025(3) dt.01-12-2025 2/3 truck then one of the boys shot on the leg of the informant and then all the three miscreants ran away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R., the name of the petitioner has sprung up in the confessional statement of the coaccused, Om Prakash Kumar. Nothing has been recovered from the conscious possession of the petitioner. As per the injury report, the injury is simple in nature caused by hard and blunt substance. The other co-accused person has already been granted bail by this court vide order dated 16.07.2025 passed in Cr. Misc. No. 19823/2025. The petitioner has got five criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 06.06.2024.
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, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in
Patna High Court CR. MISC. No.39669 of 2025(3) dt.01-12-2025 3/3 connection with Bhaptiyahi P.S. Case No. 14 of 2024, on further condition:
(i) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T