Vikash Kumar @ Ramu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15479 of 2024 Arising Out of PS. Case No.-718 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Vikash Kumar @ Ramu son of Ashok Kumar @ Gore Lal Yadav Resident of Village- Korai, P.S. Deep Nagar, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manmohan Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Biharsharif P.S. Case No. 718 of 2023 dated 12.08.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, the informant along with his friend was going near the Saurav Medical Hall then two miscreants asked to stop the motorcycle. Both the miscrenats took away the key of the motorcycle and assaulted the informant and his friend. The accused persons snatched the mobile and Rs. 22,000/- in cash from the informant and also snatched the mobile from his friend and threatened the informant's friend
Patna High Court CR. MISC. No.15479 of 2024(4) dt.15-05-2024 2/3 and snatched the motorcycle and A.T.M. card on the point of pistol.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case merely on suspicion. No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has ten criminal antecedents and he is on bail in nine cases and one case is pending at present this Hon'ble court as stated in supplementary affidavit filed on behalf of the petitioner. The petitioner is in custody since 26.08.2023 as stated in para 5 of the supplementary affidavit filed on behalf of the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.15479 of 2024(4) dt.15-05-2024 3/3 concerned, Nalanda at Biharsharif in connection with Biharsharif P.S. Case No. 718 of 2023 with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T