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Patna High CourtCR. MISC./59406/2022allowed

Vikram Paswan @ Vikram Kumar v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59406 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== VIKRAM PASWAN @ VIKRAM KUMAR S/O BUTTA PASWAN Resident of Mohalla- Gandhi Nagar, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307 of the IPC and section 27 of the Arms Act.

Allegedly, two groups, in order to show their power started firing and on arrival of police, they fled away. It was alleged that petitioner was also a member of the group. During search, some fired and mis-fired cartridge were recovered. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.59406 of 2022(2) dt.23-02-2023 2/2 omnibus in nature. It is submitted that from bare perusal of the F.I.R., it is evident that no person sustained any injury. No recovery has been made from the conscious physical possession of the petitioner and only on suspicion, he was made accused in this case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since no person was injured, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.165/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T