Vishal Kumar @ Lucky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30433 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Vishal Kumar @ Lucky S/op Chandrika Prasad Yadav R/o Village- Ekadari, P.S.- Chhauradano, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.
2. The petitioner has prayed for bail in connection with Chhauradano P.S. Case No. 228 of 2024 registered for the offence punishable under Sections 309(4), 351(2) of the Bharatiya Nyaya Sanhita corresponding to Sections 392 and 506 of the Indian Penal Code.
3. The case of the prosecution is that while the informant namely, Arvind Kumar was on his hardware shop, three unknown miscreants arrived on a black color Apache bike and asked about the rate of hardware and demanded cash on gun point. It is also alleged that all three persons were armed with weapons. The informant handed over Rs 31,000/-, which he was
Patna High Court CR. MISC. No.30433 of 2025(2) dt.20-05-2025 2/3 having with him and after that, the accused persons fled away.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Counsel submits that the case was lodged against unknown miscreants. From perusal of the trial court's record, it will transpire that the trial court has held that during investigation, witnesses have stated that prior to the occurrence, the petitioner used to go to the shop of the informant and other witness has stated that this petitioner has worked as liner. He also submits that nothing has been recovered from the possession of this petitioner. His name has surfaced only due to his antecedents. Counsel further submits that the petitioner is languishing in judicial custody since 11.12.2024.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of six cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.30433 of 2025(2) dt.20-05-2025 3/3 of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Raxaul, East Champaran in connection with Chhauradano P.S. Case No. 228 of 2024. (Ashok Kumar Pandey, J) Sudhanshu/- U T