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Patna High CourtCR. MISC./59330/2025bail granted

Vishal Kumar v. The State Of Bihar

2025-08-27Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59330 of 2025 Arising Out of PS. Case No.-426 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== Vishal Kumar S/O Brijnandan Rai @ Brijnandan Ray Resident of Ramjichak, Jahaj Gali, Bata, PS- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 426 of 2023 registered for the offences under Sections 307 and 120(B)/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and other coaccused persons, shot at the daughter of the informant and fled away from the spot. The informant showed his suspicion that as the ex-husband of her daughter was an addict and the daughter of the informant left him and solemnized love marriage with one Abdullah and for this reason her earlier husband got her shot by a contract killer.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.59330 of 2025(2) dt.27-08-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No material has come on record to show the injury of the daughter of the informant. There is no recovery of any arms or ammunitions from the place of occurrence. Though the petitioner is stated to be the cousin of Raju Yadav but there is no such relationship with Raju Yadav. Petitioner is merely a co-villager of the co-accused. Petitioner is in custody since 08.04.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of any injury report and further considering the nature of allegation and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Patna/concerned court in connection with Parsa Bazar P.S. Case No. 426 of 2023, subject to the conditions mentioned

Patna High Court CR. MISC. No.59330 of 2025(2) dt.27-08-2025 3/3 in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T