Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20007 of 2024 Arising Out of PS. Case No.-604 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== VIKASH KUMAR S/O- MITHILESH CHOUDHARY R/O- VILLAGEPAHARPUR PURVI, P.S.- JURWANPUR, DIST.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 604 of 2023 instituted for the offence under Sections 394, 120(B), 504 & 506 of the Indian Penal Code (for brevity 'IPC'). Subsequently, Section 414 of the IPC was added.

3. Prosecution case in a nutshell is that when the informant was on his way to his shop, he was accosted with two

Patna High Court CR. MISC. No.20007 of 2024(2) dt.19-03-2024 2/3 miscreants, who snatched his bag containing 8 kgs of silver ornaments and one of the co-accused has assaulted him by means of butt of the pistol.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.10.2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case during investigation only on the basis of self-confessional statement of petitioner, and the same has no evidentiary value. No incriminating/stolen article has been recovered from the conscious possession of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.20007 of 2024(2) dt.19-03-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 604 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U