Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36281 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== Vikash Kumar Singh S/O Ramjanam Singh R/O Vill.- Fateha, Dosma, P.S.- Fesar, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 118 (2), 119 (2), 3 (5) of the BNSS Act and section 25(1-b) a, 26,27 of the Arms Act.

3. The allegation in the FIR is that the cousin brother of the informant Manish Kumar Singh was shot at by one Binod Kumar Singh and Gappu on the order of Alakhdeo Singh which hit the abdomen of the said Manish Kumar Singh. It is further alleged that on hearing the sound of firing, the local people reached at the place of occurrence and it is then that the petitioner opened fire from the gun of Alakhdeo Singh.

4. Learned counsel for the petitioner submits that from a bare perusal of the FIR, it would be clear that the specific allegation of opening fire at Manish Kumar Singh is on other

Patna High Court CR. MISC. No.36281 of 2025(2) dt.28-05-2025 2/2 co-accused persons whereas the only allegation against the petitioner is that he has opened a blank fire, when the villagers had assembled. Hence, there is no specific allegation on the petitioner of having opened fire at the injured. Further it has also been submitted that accused Binod Kumar Singh was arrested on the spot and some firearms were also recovered from the place of occurrence. It has further been submitted that the petitioner had moved for anticipatory bail before this Court but he was asked to surrender as there was an allegation of opening fire against him. The petitioner is in custody since 27.3.2025 with no criminal antecedent. There is case and counter case between the parties.

5. The learned APP opposes the prayer for bail.

6. Considering the aforesaid facts that there is no specific allegation of causing any injury against the petitioner, let the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten 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 Feshar P.S. Case No.88 of 2024.

N.K/- (Soni Shrivastava, J) U T