Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37662 of 2024 Arising Out of PS. Case No.-605 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Vikash Kumar Son Of Bhag Narain Resident Of Village - Katahan, P.S. - Muffasil, District - East Champaran 2.

Ranjit Kumar @ Ranjeet Kumar Son Of Indal Ram Resident Of Village - Katahan, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Prasad For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was going by his motorcycle, meanwhile, some unknown miscreants intercepted him and snatched his motorcycle bearing Reg. No. BR-05AC-7092 and fled

Patna High Court CR. MISC. No.37662 of 2024(2) dt.25-06-2024 2/3 away. It is further alleged that, later, co-accused Vicky Yadav and Pawan Kumar made telephonic call on the mobile of the informant and stated that his motorcycle is with them and they demanded Rs. 3,000/- to return the same.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor they have been put on T.I.P. Nothing incriminating has been recovered from their possession. The name of petitioners sprang up in this case on confessional statement of co-accused persons. Moreover, the petitioners are languishing in judicial custody since 23.12.2023. Similarly situated coaccused person, namely, Sunny Yadav has been granted bail vide order dated 30.01.2024, passed in Cr. Misc. No. 2348 of 2024 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.37662 of 2024(2) dt.25-06-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Muffasil Motihari P.S. Case No. 605 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XXII, East Champaran, Motihari. (Sunil Kumar Panwar, J) Nirajkrs/- U T