Vikash Kahar @ Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72204 of 2022 Arising Out of PS. Case No.-160 Year-2012 Thana- PALIGANJ District- Patna ====================================================== Vikash Kahar @ Bikash Kumar Son Of Shankar Ram R/O Village- Azda, P.S.- Paliganj, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 323, 324, 341, 149, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case in nutshell is that petitioner along with other co-accused persons, variously armed, came at the house of the informant co-accused Pradeep Kumar fired upon the chest of the informant's husband. It is further alleged that co-accused Shrikant

Patna High Court CR. MISC. No.72204 of 2022(2) dt.02-02-2023 2/3 Das and Surendra Paswan dragged informan's husband from the house and fired upon his chest due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and the specific allegation of shot fire is against coaccused persons. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that petitioner is languishing in judicial custody since 22.08.2022. Moreover, similarly situated several co-accused persons have been granted bail (Annexure 2 series)by the co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.72204 of 2022(2) dt.02-02-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Paliganj P.S. Case No. 160 of 2012 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VII, Danapur. (Sunil Kumar Panwar, J) nirajkrs/- U T