Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43864 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== VIKASH KUMAR SON OF SHYAMBABU DAS@ SHYAM DAS RESIDENT OF VILLAGE- BANAUL, PS- NANPUR, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Nanpur P.S. Case No.273 of 2022 dated 27.06.2022 registered for the offence(s) punishable under Section(s) 356, 379, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent, against him the investigation has been completed and as per the order impugned the main allegation of causing fire-arm injury to the victim appears against the coaccused Mahanand Kumar and it is mentioned in the order impugned that the said co-accused took lift on the motorcycle of

Patna High Court CR. MISC. No.43864 of 2023(2) dt.24-07-2023 2/3 the victim and on protest made by the victim against attempt of theft, the said co-accused fired at him but there is no allegation against this petitioner. Further submissions are that the petitioner has been languishing in jail since 25.4.2023 and one co-accused namely Raushan Kumar carrying similar nature of allegation has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.63430 of 2022 and the petitioner has been dragged in this case merely on the basis of confessional statement of apprehended co-accused persons namely Mahanand Kumar and Raushan Kumar and after arrest he was not put on Test Identification Parade. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the facts that the FIR was registered against unknown persons and as per the order impugned the main allegation of causing fire-arm injury to the victim is against co-accused Mahanand Kumar and petitioner has fair and clean antecedent and against him the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Nanpur P.S. Case No.273 of 2022 on furnishing

Patna High Court CR. MISC. No.43864 of 2023(2) dt.24-07-2023 3/3 bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T