Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17557 of 2025 Arising Out of PS. Case No.-653 Year-2024 Thana- RAMPUR District- Gaya ====================================================== Vikash Kumar Son of Late Mungeshwar Chaudhary Resident of VillagePawara Mathiya, P.S.- Gurua, Distt.- Gaya At present resident of MohallaChiraiyan Tand Durga Asthan Sangar Gali, P.S.- Rampur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rampur PS Case No. 653 of 2024 instituted for the offences under Sections 317(5), 318(4), 338, 336(3), 3(5) of B.N.S. and Section 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that one stolen motorcycle bearing Registration No. BR01EW-9656 was recovered from the accused persons including the petitioner and they were in drunken condition.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.17557 of 2025(2) dt.19-03-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused person namely, Ankaj Kumar. The petitioner is in custody since 18.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 03.03.2025 passed in Cr. Misc. No. 13763 of 2025.

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, clean antecedent of the petitioner 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 Rampur PS Case No. 653 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T