Allowed

Vijay Kumar Sharma @ Botal Singh @ Vinay Kumar Sharma v. The State of Bihar

Patna HC5 Oct 2024CR. MISC./69505/2024

Case brief

AI extract

What is this about?

Petitioner in custody for offences under BNS sections 109/3(5) and section 27 of the Arms Act over an alleged shooting in which he was said to have raised alarm while another accused fired. Noting no overt act attributed to him and his custody since July 2024, the court granted regular bail with conditions including fortnightly police reporting and witness-protection restrictions.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount each, subject to five stated conditions.

Vijay Kumar Sharma @ Botal Singh @ Vinay Kumar Sharma Vs The… — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69505 of 2024

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Arising Out of PS. Case No.-27 Year-2024 Thana- Keoti District- Sheikhpura

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======================================================

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Vijay Kumar Sharma @ Botal Singh @ Vinay Kumar Sharma Son of Late Naresh Singh Resident of Village- Keoti, P.S.- Keoti, Distt.- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Dilip Kumar No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 05-10-2024 Heard the parties.

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The petitioner is in custody in connection with Keoti P.S. Case No. 27 of 2024 for the offence punishable under sections 109/3(5) of Bharatiya Nyaya Sanhita and section 27 of the Arms Act, lodged on 23.07.2024 by the informant, Rajesh Kumar.

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As per the prosecution story, the informant alleged that while he was going to the court to attend the case, the accused persons were hiding behind a travelers shade and this petitioner raised alarm about their arrival which led Gopal Kumar to open fire which hit the father of the informant, Gopal Kumar, Pintu Kumar and Bilash Yadav also resorted to firing and they had to rush out of the said place to save themselves. The father of the informant was taken to the Barbigha Hospital

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Patna High Court CR. MISC. No.69505 of 2024(2) dt.05-10-2024 2/3

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and from there to Pawapuri Hospital and thereafter shifted to a private hospital of Begusarai. Accordingly, the F.I.R.

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Learned counsel for the petitioner submits that admittedly, main accused is Gopal Kumar who opened fire hitting the father of the informant, though, there is allegation of raising alarm, no overt act is attributed against this petitioner in any case, has remained in custody since 24.07.2024 (paragraph no.12 of the petition).

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Learned APP opposed the prayer submitting that it was on his alarm that the accused got alerted and opened fire which injured the informant’s father.

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Considering the submissions put forward by the parties as also the fact that main accused in this case is Gopal Kumar who opened fire, the petitioner has remained in custody since 24.07.2024 and will be appearing in trial, this Court is inclined to extend him the privilege of bail.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Keoti P.S. Case No. 27 of 2024, subject to the following conditions:

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(i) one of the bailor should be the family

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Patna High Court CR. MISC. No.69505 of 2024(2) dt.05-10-2024 3/3

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member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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vinayak/-

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U T

Vijay Kumar Sharma @ Botal Singh @ Vinay Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar Sharma @ Botal Singh @ Vinay Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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