Vikram Kumar Singh @ Bikarm Singh @ Bikram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62409 of 2021 Arising Out of PS. Case No.-236 Year-2020 Thana- MANIHARI District- Katihar ====================================================== VIKRAM KUMAR SINGH @ BIKARM SINGH @ BIKRAM KUMAR SINGH Son of Shambhu Singh Resident of Village - Nawabganj, P.s.- Manihari, Distt.- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Manihari P.S. Case no. 236 of 2020 instituted for the offence punishable under Sections 447, 324, 326, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of assaulting and opening fire by the accused persons including the petitioner to the informant and his brother, namely, Md. Furkan Husain due to which he succumbed to the injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.62409 of 2021(3) dt.05-07-2022 2/2 implicated in this case. Six persons have opened fire and there is no specific version of the prosecution that who has inflicted to whom by fire arms.

Learned APP appearing for the State has opposed the prayer of bail and submitted that there is direct allegation of opening fire by the petitioner and other co-accused persons. It reveals from the post mortem report that cause of death was fire arm injury. From perusal of the case diary, it appears from para 9, 10, 11, 28 and 41 of the case diary that several witnesses have supported the prosecution case.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of killing the brother of the informant against the petitioner by fire arms, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U