Bikash Yadav @ Bikash Kumar @ Bikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46670 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- MANSI District- Khagaria ====================================================== Bikash Yadav @ Bikash Kumar @ Bikram Kumar, Son of Ramanand Yadav, Resident of village - Amani, P.S. - Mansi, Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishweshwar Ram, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Mansi P.S. Case No. 140 of 2022 dated 28.04.2022 registered for the offences punishable under Sections 341, 323, 326, 307 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that in the FIR, altogether 12 persons including the petitioner have been named and three co-accused persons have been shown as unknown and the main allegation of causing firearm injury to the informant is against co-accused Ramen Yadav and the petitioner's specific role in the alleged crime has not been revealed in the FIR and the allegation concerned to him is general and omnibus and in fact, Mansi P.S.
Patna High Court CR. MISC. No.46670 of 2023(2) dt.28-07-2023 2/2 Case No. 06/2022 registered for the offences punishable under Sections 341, 323, 307, 504, 506 of IPC and Section 27 of the Arms Act had been lodged by this petitioner against the informant prior to the institution of the present FIR, due to this enmity the petitioner has been implicated in this case. Further submissions are that co-accused Fudo Yadav has been granted bail by the Trial Court itself and the petitioner has been languishing in jail since 07.02.2023 and against him there is criminal antecedent of one case in which he is on bail.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that in the FIR, there is no specific allegation against this petitioner and several persons have been named in the FIR, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Mansi P.S. Case No. 140 of 2022. (Shailendra Singh, J) annu/- U T