Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32357 of 2025 Arising Out of PS. Case No.-303 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Vikash Kumar Son of Bijendra Singh R/O Vill- Mangraon, P.S.- Kachhwa, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramanuj Tiwary, Advocate For the Opposite Party/s :
Ms. Rita Verma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Daudnagar P.S. Case No. 303 of 2020 lodged on 25.09.2020, for the offence punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four unknown persons alleging that they have looted the informant's Scorpio vehicle by threatening both the informant and his driver. The accused persons also snatched the mobile phones of the driver and the informant.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the FIR and his name has figured in this case by virtue of confessional statement of the co-accused namely, Umesh Yadav who has already been granted bail by the Co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No.16440 of 2025. Counsel further submits that another co-accused has also been granted bail by the Co-ordinate Bench of this Court vide order dated 07.07.2025 passed in Cr. Misc. No.39148 of 2025. Counsel submits that it has come in the prosecution case that the alleged vehicle was recovered from a strange place. Counsel submits that the petitioner's name has unnecessarily been inserted in this case only due to the reason that his antecedent is not clean as there are three cases pending against him and in all the cases, he is on bail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that the petitioner's name has figured in this case by virtue of confessional statement of the co-accused. Counsel further submits that from the record, it transpires that two co-accused persons have been granted bail by the Co-ordinate Bench of this Court.
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6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, in the event of arrest or surrender before the Trial Court within a period of six weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate or the concerned Judicial Magistrate, Aurangabad, in connection with Daudnagar P.S. Case No. 303 of 2020, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. Pending cases against the petitioner are as follows:- (I)- Dinara P.S. Case No. 309 of 2020 (II)- Dinara P.S. Case No. 251 of 2020 (III)- Suryapura P.S. Case No. 158 of 2020
8. It is further directed that the Trial Court shall verify the criminal antecedents of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner's bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed
4/4 for the purpose of or in the name of verification. (Dr. Anshuman, J) Divyansh/- U T