Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26580 of 2025 Arising Out of PS. Case No.-139 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== Vikash Kumar S/o Sri Arvind Kumar Resident of Patvana, P.S.- Biharsharif, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Kumar, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-05-2025 Heard Mr. Nagendra Kumar, learned counsel for the petitioner and Mr. Murli Dhar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Daniyawan P.S. Case No. 139 of 2021, F.I.R. dated 20.10.2021 for the offences punishable under Section 392 of the Indian Penal Code.
3. According to prosecution case, three miscreants intercepted the informant while he was returning after collecting money. They surrounded him and sntached his bag containing HHD of bank costing Rs. 2,20,725, Rs. 12,108, his purse and his mobile and fled away with his motorcycle.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26580 of 2025(2) dt.21-05-2025 2/3 implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Pankaj Kumar, Vikash Kumar S/o Tej Narayan Pratap and Sunny Kumar and except the confessional statement of the co-accused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, he is not named in the F.I.R and his name has been transpired on the basis of the confessional statement of the co-accused persons, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City in connection with Daniyawan P.S. Case No. 139 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure /
Patna High Court CR. MISC. No.26580 of 2025(2) dt.21-05-2025 3/3 Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T