Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63183 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Vikash Kumar Son of Nand Kishore Yadav @ Nandkishor Prasad Resident of Village- Bullak Bigha, P.S. Belaganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Belaganj P.S. Case no. 96 of 2018, registered under Sections 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner and three other accused persons are said to have caught hold son of the informant when the informant and his son had gone to witness Tilak ceremony and the accused Prakash Kumar resorted firing on the thigh of his son by means of pistol. Thereafter all the accused persons took his son and later on dropped his house after getting him treated somewhere else.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.63183 of 2018(2) dt.17-12-2018 2/2 that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case as the petitioner happens to be Gotiya of the informant and there is family dispute between them. The injury sustained by the victim is simple in nature though caused by firearm on non-vital part. There is no allegation of resorting firing upon the petitioner rather against Prakash Kumar and said Prakash Kumar has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.11.2018 passed in Cr. Misc. no. 67655 of 2018.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIth, Gaya in connection with Belaganj P.S. Case no. 96 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.