Patna High CourtCR. MISC./58974/2024bail rejected

Vikesh Kumar @ Vikash Kumar v. The State Of Bihar

2024-09-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58974 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== VIKESH KUMAR @ VIKASH KUMAR S/O JAYRAM MANDAL R/o Village- Athari, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Adv.

Mr. Pushpendra Kumar Singh Ms. Divya Bharti For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Runnisaidpur Police Station Case No. 199 of 2024, dated 12.06.2024, disclosing offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that on 11.06.2024, in the evening, while the informant and his wife (deceased) was having dinner, the petitioner, along with other co-accused persons, arrived there, armed with pistol, and co-accused Kumar Shiv told them to marry their daughter to his nephew. Before informant could understand, the petitioner and others dragged

Patna High Court CR. MISC. No.58974 of 2024(2) dt.11-09-2024 2/2 informant's wife out of the house and on orders of the petitioner, co-accused Kumar Shiv fired upon the informant's wife due to which she died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner has been implicated in the present case due to village politics. The petitioner has got no criminal antecedent and he is not the assailant and is an order giver.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration gravity of the offence ans severity of punishment, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced that the anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) ashwani/- U T