Vijay Prasad @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68756 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Vijay Prasad @ Vijay Kumar S/o Late Bhajan Bhagat Resident of villageFulwariya, P.S-Minapur, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP For the Informant :

Mr. Raju Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected by a Coordinate Bench of this Court vide order dated 07.05.2025 passed in Cr. Misc. No. 27111 of 2025.

3. The petitioner seeks bail in connection with Minapur P.S. Case No. 234 of 2024 registered for the offence punishable under Sections 126(2), 109, 61(2) and 3(5) of the BNS, 2023 and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

4. As per the allegation made in the F.I.R., while the

Patna High Court CR. MISC. No.68756 of 2025(4) dt.31-10-2025 2/3 husband of the informant was connecting an electric wire, two unknown persons fired upon the husband of the informant causing injury on his hand and chest after receiving signal from the petitioner. Petitioner has been alleged to be liner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the Informant had taken money from the petitioner and the informant did not return the same to the petitioner and to put pressure upon him, the petitioner has been roped in a false case on the basis of false accusation. The petitioner was not present on the place of occurrence and no one has seen the petitioner to be involved in the alleged occurrence. He further submits that except suspicion, there is nothing adverse against the petitioner in the entire record of the case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 28.06.2025 without any rhymes or reason.

6. Learned counsel for the petitioner again submits

Patna High Court CR. MISC. No.68756 of 2025(4) dt.31-10-2025 3/3 that the co-accused namely Munna Kumar @ Ravan has been granted bail by this Court vide order dated 02.09.2025 passed in Cr. Misc. No. 60021 of 2025.

7. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The injury report of the injured Nandu Kumar supports the prosecution case.

8. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Minapur P.S. Case No. 234 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T