Patna High CourtCR. MISC./18833/2024bail granted

Vikram Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18833 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Vikram Kumar S/o Subodh Ray R/o Vill - Dobar Kothi, P.S. - Rajapakar, Dist. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajapakar P.S. case No. 317 of 2023 instituted for the offences under Sections 414 and 420 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the police recovered one black colour motorcycle from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. No incriminating material has been recovered from the house of the petitioner. As per the seizure list, the motorcycle has been recovered behind the house of the petitioner which is an open place. The petitioner has got no concern with the

Patna High Court CR. MISC. No.18833 of 2024(2) dt.15-03-2024 2/3 said motorcycle. In fact the petitioner has been arrested in Rajapakar P.S. case No. 53/2023 and on the basis of his confessional statement, which has no evidentiary value, he has been made accused in the present case. Charge-sheet has been submitted in this case. The petitioner is in custody since 04.09.2023 and has four criminal antecedents in which he is on bail.

5. Learned A.P.P. 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 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 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajapakar P.S. case No. 317 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.18833 of 2024(2) dt.15-03-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T