Vikash Kumar @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40601 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Vikash Kumar @ Vikash Kumar Singh Son of Chandra Bhushan Singh @ Bhushan Singh R/O Vill.- Malpur, P.S.- Patepur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

Mr. Rajeev Ranjan No. II, Adv.

Mrs. Kumari Rupa, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the accused persons including the petitioner is that they fired upon the grandson of the informant due to which he sustained gunshot injury and died.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no eyewitness in the present case, only on the basis of confessional statement the petitioner has been made accused in the present

Patna High Court CR. MISC. No.40601 of 2024(2) dt.31-07-2024 2/2 case. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 10.08.2023, 30.08.2023 and 12.09.2023 passed in Cr. Misc. No. 40953 of 2023, Cr. Misc. No. 41637 of 2023 and Cr. Misc. No. 59364 of 2023 respectively. The petitioner has no criminal antecedent and has been languishing in custody since 10.12.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patepur P.S. Case No. 03 of 2023.

7. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T