Bikash Kumar @ Deepak Kumar @ Vikash Kumar @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22954 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Bikash Kumar @ Deepak Kumar @ Vikash Kumar @ Vikash Singh, aged about 28 years (M), S/O Pramod Singh, R/O Village- Balganga, Ward No. 12, P.S- Raghunathpur, Distt.- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate and Mr. Hemant Ray, Advocate For the Opposite Party :
Mr. Kumar Veerendra Narayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 68 of 2024 dated 13.02.2024 registered for the offence punishable under Sections 364A read with Section 34 of the I.P.C.
3. As per the prosecution case, some unknown miscreants are alleged to have kidnapped the informant's son by vehicle bearing Registration No. BR-01-FY-9395 and the accused persons also called the informant through a mobile
2/4 number 9572182900 and demanded Rs. 3,00,000/- as ransom.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. No incriminating article has been recovered from his possession. It is further submitted that it is not a case of kidnapping rather the victim and his family members took loan from the petitioner and Karan Kumar and due to that some scuffle took place between them but the informant has lodged the present false case against the petitioner and others to teach lesson. It is further submitted that total Rs.
7,04,145/- was transferred to Sri Ram Industries and the informant is the owner of the said Industry and in the account of Milan Raj, the brother of Aditya Raj (victim), through Phone Pay by the petitioner and the co-accused Karan Kumar has transferred Rs. 7,000/- in the said phone pay number. The victim has been recovered and his statement under Section 164 of the Cr.P.C. has been recorded in which he has named the petitioner. It is further submitted that the other co-accused person, namely, Vivek Kumar Singh, has already been granted bail by a Bench of this Court in Cr. Misc. No. 42431 of 2024 vide order dated 25.06.2024, annexed as Annexure-4 to the present bail petition.
3/4 petitioner is on different footing to the case of the said coaccused person, Vivek Kumar Singh as the victim in his statement recorded under Section 164 of the Cr.P.C. has not named the said co-accused Vivek Kumar Singh but in his 164 Cr.P.C. statement, the victim has named the petitioner. The charge sheet has been submitted against the petitioner in the present case. The petitioner has six criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 05.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 68 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable
4/4 cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T