Vikram Kumar @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44151 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Vikram Kumar @ Bikram Kumar S/o- Shambhu Rai @ Shambhu Ray Village- Ramvan PS-Shyampur Bhatha Dist-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tariyani P.S. case No. 07 of 2024 instituted for the offences under Sections 324, 307, 120B of the Indian Penal Code and Sections 25(1-AA), 25(1-B)a, 26, 35, 27 of the Arms Act.

3. Prosecution case, in short, is that three-four unknown miscreants attacked the family members of the informant. It is further alleged that informant's sister Kajal Kumari sustained injuries in her leg. It is further alleged one

Patna High Court CR. MISC. No.44151 of 2024(2) dt.28-06-2024 2/3 pistol and one live cartridge has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case with malicious intention at the hands of his enemies. The name of the petitioner has transpired in this case merely on the basis of disclosure made by the co-accused Hiritik Rausan Kumar. Petitioner has got no concern with the alleged arms and ammunitions. The co-accused person has already been granted bail by this Bench vide order dated 09.05.2024 passed in Cr. Misc. No. 35818 of 2024. There is no compliance of Section 100 of the Cr.P.C. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.01.2024 and has no criminal antecedent.

5. Learned 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, claim based on parity as also 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

Patna High Court CR. MISC. No.44151 of 2024(2) dt.28-06-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tariyani P.S. case No. 07 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T