Vikash Kumar @ Vikash Roy @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42779 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== Vikash Kumar @ Vikash Roy @ Vikash Kumar Yadav, aged about 29 years, Male, S/O Raj Kishor Roy @ Kishori Ray, resident of village- Chhotka Banya, P.S.- Derni, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP For the Informant :

Mr. Dewendra Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.

2. The petitioner apprehends arrest in connection with Derni PS Case No.130 of 2024 dated 27.06.2024, instituted under Sections 341, 323, 324, 325, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Specific allegation against the petitioner is that on the direction of Kishore Rai, he took out pistol from his waist and fired upon the head of Ritesh Kumar, who succumbed to the injury.

4. Learned counsel for the petitioner submits that there is specific allegation against the petitioner that he fired upon the informant's son due to which he sustained gun shot

Patna High Court CR. MISC. No.42779 of 2025(3) dt.15-10-2025 2/2 injury on the head but the doctor has not found any firearm injury on the person of the deceased during the course of postmortem. It is also submitted that the petitioner has one criminal antecedent.

5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail, however, it has been fairly admitted by the learned APP that no firearm injury was found on the person of the deceased during the course of postmortem although there is allegation that he was shot by the petitioner on his head.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Chapra, Saran, in Derni PS Case No.130 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T