Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58924 of 2025 Arising Out of PS. Case No.-361 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Vikash Kumar Son of Balaram Singh @ Balram Singh Resident of village - Gaura - 01 (Goura - 01) (Bishanpur Tola), Ward No.- 13, P.S.- Teghra, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 109 of the BNS and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that his brother Shubham Kumar along with Badal Kumar on invitation of the petitioner went to the house of the petitioner for celebrating his birthday but a dispute arose in between Shubham Kumar and the petitioner. Thereafter, petitioner called an unknown accused who came and gave pistol to the petitioner and petitioner fired causing firearm injury to Shubham Kumar on his hand and abdomen. Further, Badal Kumar on hearing the

Patna High Court CR. MISC. No.58924 of 2025(2) dt.10-09-2025 2/3 sound of firing fled away and informed about the occurrence to the informant.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that informant is not an eyewitness to the occurrence and it does not appear probable that petitioner after inviting the victim would have shot him. It is next submitted that there is delay of two days in instituting the FIR as the date of occurrence is 24.10.2024 and the FIR was instituted on 26.10.2024. It is also submitted that since birthday was being celebrating, hence, all had consumed liquor and in a drunken state, the accident occurred.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it would manifest that Badal Kumar who, on hearing the sound of firing, fled away from the place of occurrence and informed the informant about the occurrence, thereafter the FIR came to be instituted. It is further submitted that investigation in the case is continuing and petitioner has antecedent of two cases.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the

Patna High Court CR. MISC. No.58924 of 2025(2) dt.10-09-2025 3/3 privilege of anticipatory bail to the petitioner in connection with Teghra P.S. Case No. 361 of 2024 pending in the Court of learned Chief Judicial Magistrate, Begusarai/Successor Court.

7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T