Patna High CourtCR. MISC./89677/2024bail granted

Vinay Kumar v. The State Of Bihar

2025-03-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89677 of 2024 Arising Out of PS. Case No.-525 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Vinay Kumar Son of Ram shankar Singh Resident of Village-Hanuman Gadhi , Ward no- 45, P.S Mufassil, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 90126 of 2024 Arising Out of PS. Case No.-525 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Dev Chandra Kumar @ Deva S/o Shankar Singh @ Shankar Kunwar R/o Village- Bakhadda, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 89677 of 2024) For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh For the Informant :

Mr. Sarvottam Kumar Ms. Asmita Bharti (In CRIMINAL MISCELLANEOUS No. 90126 of 2024) For the Petitioner/s :

Mr.Nidhi Anand For the Opposite Party/s :

Mr.Renu Kumari For the Informant :

Mr. Sarvottam Kumar Ms. Asmita Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners of both the aforesaid cases, learned counsel for the informant and learned APP for the State.

2. The petitioners seek bail in connection with Town P.S. Case No. 525 of 2024 registered for the offence under

Patna High Court CR. MISC. No.89677 of 2024(3) dt.22-03-2025 2/3 Sections 109(1), 118(1), 3(5) of the BNS and under Section 27 of the Arms Act.

3. It has been submitted by the learned counsel for the petitioners that the allegation is of firing against the petitioners but the informant is not an eye-witness and he has said that he had came to know from his nephew that it is the petitioners who have fired at the victim but the nephew, in the statement recorded during investigation has not taken the name of the petitioners.

4. Learned counsel for the informant has submitted that since the petitioners have been named by the informant as assailant of the victim and there is injury upon the victim, therefore the petitioners does not deserve bail.

5. Considering the fact that the informant is not an eye-witness and the person who is said to have disclosed the name of the petitioners to the informant has not taken the name of the petitioners in his statement recorded during investigation, this application is allowed.

6. Let the petitioners of both the aforesaid cases, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Patna High Court CR. MISC. No.89677 of 2024(3) dt.22-03-2025 3/3 Magistrate, Begusarai in connection with Town P.S. Case No. 525 of 2024.

7. As a condition of this order, the petitioners, after being released on bail are directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioners.

(Sandeep Kumar, J) Vikas/- U