Vikash Kumar @ Vikash Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18831 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Vikash Kumar @ Vikash Sahani S/o Bachchalal Sahani R/o vill - Bahuara Bhan, P.S. - Madhuban, Distt. - East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of anticipatory bail in connection with Madhuban P.S. Case No. 276 of 2023 dated 16.06.2023 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other co-accused persons holding knife, iron chain and rod and weapons, surrounded the informant and looted Glamour motorcycle, phone, purse containing Aadhar Card, Pan Card, voter ID and other materials from the informant.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.18831 of 2024(2) dt.08-04-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the looted motorcycle has been recovered from the house of the petitioner as mentioned in seizure list.
6. Considering the aforesaid facts and circumstances of the case as well as the recovery of looted motorcycle from the conscious possession of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below may consider the prayer for regular bail in accordance with law of the petitioner without being prejudiced by this order.
7. The application stands disposed of.
(Chandra Prakash Singh, J) Ranjeet/- U T