Vakil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37901 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- NOKHA District- Rohtas ====================================================== 1.
Vakil Kumar son of Kedar Bind, R/o Village- Sikariya, PS- Drigaon, DistRohtas. 2.
Bihans Kumar son of Ram Bihari Bind @ Bam Bihari Bind, R/o VillageSikariya, PS- Drigaon, Dist- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Nokha P.S. Case No. 26 of 2025, dated 31.01.2025 registered for the offences punishable under Section 191(2), 193(3), 190, 126(2), 115(2), 109(1), 352, 351(2) and 351(3) of the BNS and under Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, on 31.01.2025 while the informant was sitting on the door of his house, the FIR named accused persons armed with fire-arms along with fifteen to twenty unknown persons came there and started abusing the
Patna High Court CR. MISC. No.37901 of 2025(2) dt.24-06-2025 2/3 informant and when the informant protested, they assaulted him with fists and slaps when the wife of informant came to his rescue, one of the co-accused person fired on her and the bullet hit her hand. It is further alleged that from the possession of Suraj Kumar one country made katta was found and one empty cartridge was found from the place of occurrence. It is further alleged that police came at the place of occurrence and caught six persons from the spot and one country made katta, one live cartridge, one empty cartridge, four mobile phones and one motorcycle were recovered from the place of occurrence.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case due to land dispute. Nothing was recovered from the conscious possession of the petitioners. There is no specific allegation of any assault or overt attributed against the petitioners, rather there is general and omnibus allegation levelled against all the co-accused persons including the petitioners. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioners are in custody since 01.02.2025.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
Patna High Court CR. MISC. No.37901 of 2025(2) dt.24-06-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rohtas at Sasaram, in connection with Nokha P.S. Case No. 26 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T