Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10142 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Vikash Kumar Son Of Bhuneshwar Yadav R/O-Sohan Bigha, P.S.-Magadh Medical Distt.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Rampur P.S. Case No.514 of 2023, lodged on 13.08.2023, under Sections 457/380 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against unknown accused persons against whom there is allegation that they have committed theft by entering into the house upon breaking the lock. The articles subject to theft have been mentioned in the FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 30.09.2023. There are in total seven criminal cases pending against him whose description he
Patna High Court CR. MISC. No.10142 of 2024(6) dt.31-07-2024 2/3 has mentioned in bail application, first supplementary affidavit and second supplementary affidavit. Counsel submits that charge sheet has already been submitted. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on Test Identification Parade and only by virtue of confessional statement of co-accused his name has surfaced.
5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean.
6. It transpires to this Court that the informant has claimed that he has seen the accused persons, who have committed theft, in CCTV footage but in the case-diary it transpires that no Test Identification Parade had been conducted by the Investigating Officer.
7. In the light of the submission, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, as well as on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Chandauti P.S. Case No.191 of 2022, (ii) Magadh Medical P.S. Case No.93 of 2020 (iii) Rampur P.S. Case No.525 of 2023, (iv) Rampur P.S. Case No.480 of 2023, (v) M.U. P.S. Case No.324 of 2023, (vi)
Patna High Court CR. MISC. No.10142 of 2024(6) dt.31-07-2024 3/3 Rampur P.S. Case No.514 of 2023, (vi) Chandauti P.S. Case No.189 of 2022, (vii) Magadh Medical P.S. Case No.93 of 2020, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned I/C A.C.J.M.-IV, Gaya, in connection with Rampur P.S. Case No.514 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Mkr./- U T