Vikash Kumar @ Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43612 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== VIKASH KUMAR @ VIKASH PASWAN SON OF VINOD PASWAN VILLAGE- AGAPUR, P.S.- MANSURCHAK, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Mansurchak P.S. Case No. 118 of 2023 dated 12.11.2023 registered for the offences punishable u/ss 302, 120B, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's son was called through mobile phone at Aagapur Bijji Gaachhi and his throat was cut with sharpened weapon due to which he died. Earlier the deceased was threatened by the co-accused persons namely Rudul Paswan, Vikash Paswan and the petitioner Vikash Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43612 of 2024(7) dt.20-11-2024 2/2 this case. There is no eye-witness of the alleged occurrence. There is general and omnibus allegation against the petitioner. The name of the petitioner has transpired in this case merely on suspicion. It is further submitted that as per para 79 of the case diary, no call was made on the phone number of the deceased by the petitioner's mobile number on the date of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and the circumstances of the case as well as the heinous nature of offence against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order and the Court below will consider the prayer of bail of the petitioner without being prejudiced by this order.

7. This application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T