Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87543 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Vikash Kumar S/o Achchhelal Pandit Ro village- Turkaha Tola, PS - Gopalganj, Dist - Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 324, 307, 34 of the Indian Penal Code and 27 of Arms Act.

3.

As per the FIR, petitioner and other co-accused persons entered into the house of the informant and started firing with a pistol.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the specific

Patna High Court CR. MISC. No.87543 of 2024(2) dt.19-12-2024 2/2 allegation of firing is against co-accused Arjun. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since there is no allegation against the petitioner to fire upon the injured person, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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/Successor Court in connection with Gopalganj P.S. Case No.186 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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