Vikash Kumar @ Vikash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39703 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Vikash Kumar @ Vikash Yadav S/O Jitendra Yadav @ Jitendra Kumar Singh R/O Village- Ahapura, P.S- Sandesh, Distt.- Bhojpur At Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 7 of 2024 instituted for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per the prosecution case, some unknown persons stolen away one Led TV of LG Company, one battery, one inverter, one CPU, one keyboard, one computer, one remote and one UPS battery by breaking the wall of the school.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that nothing incriminating article has been recovered from the
Patna High Court CR. MISC. No.39703 of 2024(2) dt.16-07-2024 2/3 possession of the petitioner and petitioner has got no criminal antecedent as stated in para 3 of the application. He further submits that the name of the petitioner has been surfaced only on the basis of confessional statement of co-accused person, namely, Sandeep Kumar @ Sandeep Thakur who has already been granted regular bail by this Court in Cr. Misc. No. 31036 of 2024 vide order dated 25.04.2024.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and impugned order dated 01.05.2024, it appears that informant registered FIR against unknown persons and during investigation stolen articles were recovered from the possession of co-accused person, namely, Sandeep Kumar @ Sandeep Thakur who has already been granted regular bail by this Court in Cr. Misc. No. 31036 of 2024 vide order dated 25.04.2024 and no incriminating article were recovered from the conscious possession of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.39703 of 2024(2) dt.16-07-2024 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 7 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ramesh Chand Malviya, J) saurabhkr/- U T