IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60574 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- BHAWANIPUR District- Purnia ====================================================== Vikash Kumar @ Vikash Kumar Yadav Son of Raju Yadav @ Rajo Yadav Resident of Village- Sakhua Tola, Kadiya Tola, P.S.- Bhawanipur, Dist.- Purnea. ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 5 26-06-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Bhawanipur P.S. Case No. 112 of 2024 dated 04.06.2024 registered for the offences punishable under Sections 302, 120B read with Section 34 of the I.P.C. and Section 27 of the Arms Act. 3. As per the prosecution case, two unknown persons came to the paint shop of the informant’s elder brother on a black colour splendor motorcycle and fired on him due to which he received firearms injury. He was brought to Health Centre, Bhagwanipur and from where he was referred to Purnea where the doctor has declared him to be dead. Patna High Court CR. MISC. No.60574 of 2024(5) dt.26-06-2025 2/4 4. Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been lodged against two unknown persons. It s further submitted that the alleged occurrence took place on 02.06.2024 as to when the F.I.R. has been lodged on 04.06.2024 where the distance of the police station is about 1 K.M. from the place of occurrence and the delay in lodging of the F.I.R. has not been explained by the prosecution. It is further submitted that the name of the petitioner has come in the present case on the basis of the confessional statement of the co-accused Brajesh Kumar during the course of investigation and except the confessional statement of the co-accused, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is further submitted that on the basis of the confessional statement of the petitioner Vikash Kumar, the motorcycle in question was recovered from the house of the co- accused Brajesh Kumar. It is further submitted that the petitioner Vikash Yadav and Brajesh Yadav have stated in paragraph nos. 58 and 59-65 of the case diary that the co- accused Sanjay Kumar Bhagat hired the accused persons to commit the murder of the deceased hence, they committed Patna High Court CR. MISC. No.60574 of 2024(5) dt.26-06-2025 3/4 murder of the deceased by firearms. As per para 59 of the case diary, it is evident that the petitioner Vikash Kumar has fired on the deceased but the bullet misfired and from the confession of the Vikash Kumar, it appears that the co-accused Vishal Kumar shot fired on the deceased. There was no dispute or difference between the petitioner and the deceased. No incriminating article has been recovered from the petitioner in course of investigation. He has no concern with the alleged offence. He was not put on T.I. Parade. It is further submitted that the informant in his examination-in-chief did not identify the accused/petitioner. It is further submitted that all the witnesses have been declared hostile. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.06.2024. Similarly situated co- accused has already been granted bail by this court vide order dated 15.02.2025 passed in Cr. Misc. No. 69649 of 2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of Patna High Court CR. MISC. No.60574 of 2024(5) dt.26-06-2025 4/4 the like amount each to the satisfaction of learned court concerned, Purnea in connection with Bhawanipur P.S. Case No. 112 of 2024 with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) The petitioner is directed to cooperate in the trial before the learned court below concerned. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T