Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54906 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== VISHAL KUMAR S/O RAMMI RAM @ RAMJI RAM R/O VILLAGEIBRAHIMPUR, P.S- NAUWATPUR, DIST.- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parashuram Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 784 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 302, 385 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case as emanates from the FIR is that petitioner along with others has brutally assaulted and fired upon the son of the informant leading to his death.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the
Patna High Court CR. MISC. No.54906 of 2024(2) dt.09-08-2024 2/2 petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing is attributed to one Brijesh Kumar who fired upon the son of the informant. The co-accused person has already been granted regular bail by this Bench vide order dated 28.06.2024 passed in Cr. Misc. No. 44767 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 784 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Alok Verma/- U T