Patna High CourtCR. MISC./73986/2023allowed

Vikash Kumar v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73986 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Vikash Kumar S/O Upendra Mehta @ Biltan Mehta Resident Of VillageKemani Sudhi Tola, Ps- Muffasil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, while the informant was goint to meet his friend on Holi, three accused persons namely, Raju Yadav, Vikash Kumar (petitioner) and Rohit Kumar Pandey opened fire upon him as a result of which, informant sustained bullet injury in his knee.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. One of the accused person, namely Rohit Kumar Pandey, who is similarly situated, has already been enlarged on bail by another

Patna High Court CR. MISC. No.73986 of 2023(2) dt.02-12-2023 2/2 co-ordinate Bench of this Court vide order dated 17.5.2022 passed in Cr. Misc. No. 70910 of 2021. Petitioner has only been implicated in this case only because he was also a member of the mob. No specific allegation of firing is attributed to the petitioner. He is languishing in judicial custody since 22.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Muffasil P.S. Case No. 154 of 2021. (Sunil Kumar Panwar, J) sushma/- U