Vishal Kumar @ Nepali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6557 of 2025 Arising Out of PS. Case No.-92 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Vishal Kumar @ Nepali S/O- Ranjit Yadav Village- West of Panchsil School Kumharar Mohal Ps- Agamkuan Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Session Trial No. 1479 of 2024, arising out of Agamkuan P.S. Case No. 92 of 2022, instituted for the offences punishable under Sections 341, 323, 307, 379, 324, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons demanded money from the informant for eating food and on denial, co-accused person, namely, Dhandhan Gope assaulted him with knife due to which he sustained injuries. It is further alleged that the petitioner along with other co-accused persons snatched Rs. 15,000/- and mobile from the informant.
Patna High Court CR. MISC. No.6557 of 2025(2) dt.13-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation of assault has been attributed against the petitioner. Specific allegation of assault is levelled against co-accused, namely, Dhandhan Gope. It is further submitted that the petitioner and other co-accused persons have demanded money for having food. The petitioner is in custody since 14.05.2024 and has got seven criminal antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court
Patna High Court CR. MISC. No.6557 of 2025(2) dt.13-02-2025 3/3 in connection with Session Trial No. 1479 of 2024, arising out of Agamkuan P.S. Case No. 92 of 2022.
(Rudra Prakash Mishra, J) Rajorshi/- U T