Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41723 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Vikash Kumar S/O Nate Ram R/O Village- Nayatola Fulkiya, P.S- Ismailpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ismilepur P.S. case No. 02 of 2024 instituted for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution story, in short, is that when the informant was returning after purchasing vegetables, all the accused persons, including the petitioner gathered at the place of occurrence and, in the meantime, petitioner fired upon the informant which hit the back of the informant. After firing, all the accused persons fled away.

4.

Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.41723 of 2024(3) dt.09-08-2024 2/3 petitioner has falsely been implicated in the present case. It is submitted that parties are agnates. It is submitted that injury is found to be grievous in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.01.2024 and have no criminal antecedent. It is lastly submitted that charge sheet has been submitted in this case and cognizance is also taken. Other co-accused have been granted bail by this Court vide order dated 17-05-2024, passed in Cr. Misc. No. 37048 of 2024.

5.

earned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, charge sheet being submitted as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ismilepur P.S. case No. 02 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.41723 of 2024(3) dt.09-08-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T