Vikas Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75742 of 2018 Arising Out of PS. Case No.-200 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Vikas Kumar @ Vikash Kumar Son of Uday Singh, Resident of VillageBhanail, P.S. Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2019 Heard both sides.

Petitioner apprehends his arrest in Akbarpur P.S. Case No.200 of 2018 registered under Section 307 and other sections of the Indian Penal Code as well as under Section 27 of the Arms Act.

The father of the injured, Raushan Kumar alleged that his son was sitting at a Gumti situated near the house of Gopal Singh. Gopal Singh, Vikash Kumar, Nandu Singh, Prince Kumar and Uday Singh having armed with fire arms came out from the house of Gopal Singh and on the order of Nandu Singh, Gopal Singh fired which hit in the abdomen of Raushan Kumar. The informant further alleged that Uday Singh exploded bomb while fleeing away from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is of course named in the FIR but no specific allegation

Patna High Court Cr.Misc. No.75742 of 2018(4) dt.22-01-2019 2/2 is made against the petitioner. Uday Singh who is alleged to have exploded bomb while fleeing away from the place of occurrence has already been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 07.01.2019, passed in Cr. Misc. No.78224 of 2018. The case of the petitioner stands on better footing. The injured got only one firearm injury in his abdomen, which is attributed to Gopal Singh.

Considering the fact that the petitioner is of course named in the FIR but no specific allegation of assault is made against the petitioner and the person, namely, Uday Singh, who is alleged to have exploded bomb has already been granted anticipatory bail, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Akbarpur P.S. Case No.200 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T