Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86027 of 2024 Arising Out of PS. Case No.-293 Year-2022 Thana- OBRA District- Aurangabad ====================================================== Vishal Kumar S/o Late Shiva Kumar Singh Resident of Village- Chapari, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 341, 323, 307, 324, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant's side brutally by means of deadly weapons. It is further alleged that petitioner assaulted the informant's sister by sword. He also opened fired upon the informant's father three times due to which he sustained fire arm injury on his chest and chin.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.86027 of 2024(3) dt.05-03-2025 2/2 levelled against the petitioner is totally false and based on concocted facts. Nothing specific has been attributed against the petitioner. Both the parties are agnates and there is admitted land dispute between them. It is further submitted that in course of investigation, the injured Sidheshwar Singh clearly stated before the I.O. that Manoj and Uday opened fire upon him due to which he sustained firearm injuries. The injured did not take the name of the petitioner in course of investigation which falsifies the allegation of firing levelled against the petitioner. Learned counsel further submits that petitioner has one criminal antecedent and he has been languishing in custody since 24.09.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the arguments of the parties as well as the period of custody, the above named petitioner is directed to be enlarged on bail 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/the Successor Court, in connection with Obra P.S. Case No.293 of 2022.

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