Baigan @ Vikky Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42769 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Baigan @ Vikky Yadav, aged about 32 years, male, S/o Kamal Yadav @ Kamal Kishor Yadav, resident of Mohalla- Ghoshi Tola, PS- Kasim Bazar, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kasim Bazar PS Case No.317 of 2024 dated 01.11.2024, instituted under Sections 115(2), 351(2), 352, 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he fired upon the informant from behind and the bullet hit his shoulder.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the informant has not seen the person who has fired from his back and the petitioner has been implicated on account of previous enmity. Further submission is
Patna High Court CR. MISC. No.42769 of 2025(3) dt.15-10-2025 2/2 that the nature of injury sustained by the informant is simple in nature.
5. Learned APP has opposed the prayer for bail.
6. Since there is direct allegation against the petitioner of firing from behind at the back of the informant and the bullet hit his shoulder, I am not inclined to extend the privilege of anticipatory bail to the petitioner.
7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.
8. The application stands dismissed.
(Khatim Reza, J) J. Alam/- U T