Vicky Patel @ Binay kumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26750 of 2026
                       Arising Out of PS. Case No.-451 Year-2024 Thana- ALAMGANJ District- Patna
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                 Vicky Patel @ Binay kumar Son of Late Kalyan Singh Resident of Jajak Toli,
                 Nai Sarak PS- chowk Dist -Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Alamganj P.S. Case No. 451 of 2024 registered for the

                   offence punishable under Sections 307, 302 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that co-

                   accused persons have opened fire upon the husband of the

                   informant due to which he sustained grievous injuries and died

                   thereafter. It is further alleged that the petitioner and other co-

                   accused persons being in judicial custody have hatched a

                   criminal conspiracy to attack the informant’s husband.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.26750 of 2026(2) dt.22-04-2026
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          committed no offence. He also submits that from perusal of the

          FIR, it is clear that the petitioner was in judicial custody at the

          time of the occurrence. His name has falsely been implicated in

          the present case. He also submits that nothing has been

          recovered from the possession of the petitioner and the

          allegation against the petitioner is general and omnibus. The

          petitioner is not the person who has fired at the deceased. He

          further submits that similarly situated co-accused person

          namely, Monu Patel, has been granted bail by the learned

          coordinate bench of this court vide Cr. Misc. No. 37910 of 2025.

          The case of this petitioner stands on similar footing. Moreover,

          the petitioner is languishing in judicial custody since

          19.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of six cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the trial, shall remain

          physically present on each and every date fixed by the

          learned trial court and one of the bailor should be near
           Patna High Court CR. MISC. No.26750 of 2026(2) dt.22-04-2026
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                     relative. The above named petitioner is directed to be enlarged

                     on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of the learned Additional Chief Judicial Magistrate-

                     VI, Patna City, Patna in connection with Alamganj P.S. Case

                     No. 451 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T