Bikesh Kumar @ Vikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32430 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Bikesh Kumar @ Vikesh Kumar Son of Chhabila Singh R/O vill.- Bada Baudha, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Turkauliya P.S. Case No. 327 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that, three miscreants looted the bag of the informant on gun point which contains one laptop, cash and other documents of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the
Patna High Court CR. MISC. No.32430 of 2024(2) dt.30-04-2024 2/3 petitioner is not named in the F.I.R. Name of the petitioner has transpired from the confessional statement of co-accused Pritam Paswan which has no evidentiary value. The petitioner has been remanded in this case from NDPS Case No. 63 of 2023, arising out of Chiraiya P.S. Case No. 373 of 2023 on 18.02.2024 and has got one criminal antecedent in which the petitioner is on bail.
5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 327 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.32430 of 2024(2) dt.30-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T