Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18498 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Vikash Kumar Son of Durga Prasad R/O-Village - Dharmanth Jee Mandir, Kurmitola, P. S - Bhagwan Bazar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sessions Trial No. 750 of 2024 arising out of Chapra Nagar/Chapra Town P.S. Case No. 294 of 2024 instituted for the offence under Sections 413, 414 & 34 of the Indian Penal. 3.

Prosecution case in short is that police in course of vehicle checking intercepted one motorcycle along with three accused persons, including the petitioner and on interrogation, they were not able to produce the valid document of the motorcycle.

Patna High Court CR. MISC. No.18498 of 2025(2) dt.03-04-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-04-2024. Petitioner bears four criminal antecedents, 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 named in the FIR. No incriminating article has been recovered from the possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. Petitioner has no concern with the alleged seized motorcycle. Other similarly situated co-accused person has been granted bail by a Co-ordinate Bench of this Court vide order dated 08-01-2025, passed in Cr. Misc. No. 87838 of 2024 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 and claim based on parity, 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 the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions

Patna High Court CR. MISC. No.18498 of 2025(2) dt.03-04-2025 3/3 Trial No. 750 of 2024 arising out of Chapra Nagar/Chapra Town P.S. Case No. 294 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T