Vikash Kumar @Vikash Dash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42467 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Vikash Kumar @Vikash Dash S/O Late Akhilesh Ravidas R/O Bakarchak, P.S. Gaurichak, Distt-Patna(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 709 of 2023 instituted for the offence under Sections 147, 148, 149, 188, 307, 323, 324, 325, 332, 333, 337, 338, 353, 427, 504 & 506 of the Indian Penal Code. 3.

As per the prosecution case, the informant alleged that upon instigation of one 'Golden Das', the petitioner and coaccused persons created hindrance and assaulted many police officials due to which 8 police personnel sustained injuries. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.42467 of 2024(2) dt.20-06-2024 2/3 that the petitioner is in custody since 13-02-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation levelled against the petitioner rather general and omnibus allegation has been levelled against him. The specific allegation of instigation is levelled against co-accused, namely, Golden Das. No incriminating article has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 05-04-2024, passed in Cr. Misc. No. 25586 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.42467 of 2024(2) dt.20-06-2024 3/3 Court below/concerned Court in connection with Gaurichak P.S. Case No. 709 of 2023.

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