Vikash Kumar @ Vikas Kumar @ Vikash Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11795 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- BUXAR District- Buxar ====================================================== VIKASH KUMAR @ VIKAS KUMAR @ VIKASH KUMAR RAM, SON OF SHIV PRAKASH RAM, Resident of Village - Khalasi Muhalla, Buxar, P.S.- Buxar (T), Distt.- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Abhay Kr. Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 457, 380, 411/34 of the Indian Penal Code.

Prosecution case, in brief, is that on 24.04.2020 at 3.00 am one thief entered in the house of the informant and he tried to informant's mother ear ring open in her ear. In the meantime, his mother cried then informant and his family members caught the said thief. The petitioner said that alongwith other co-accused persons looted some other places and recovered some articles from the possession of the

Patna High Court CR. MISC. No.11795 of 2021(2) dt.29-07-2021 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on the confessional statement of co-accused, the petitioner was made accused in the present case. There is no incriminating articles has been recovered from the conscious possession of the petitioner and there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 26.04.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Buxar (Town) P.S. Case No. 170/2020 to the satisfaction of learned Court below where the case is pending/ successor Court. (Anjani Kumar Sharan, J) amitkumar/- U T