Vikash Kumar Yadav @ Vikash Yadav @ Bikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46407 of 2021 Arising Out of PS. Case No.-662 Year-2020 Thana- AMARPUR District- Banka ====================================================== VIKASH KUMAR YADAV @ VIKASH YADAV @ BIKASH YADAV Son of Ramdhani Yadav Resident of Village- Gora, P.S.- Banka, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2022 Heard.

The petitioner seeks regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020, registered for the offence punishable under sections 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant while he was returning with his co-villager on a motorcycle and thereafter, the said miscreants had snatched the motorcycle of the informant and had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has

Patna High Court CR. MISC. No.46407 of 2021(2) dt.11-01-2022 2/3 been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner was arrested in one another case and then he was remanded in the present case and he is in custody since 26.11.2022. It is further submitted that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime and moreover, the looted motorcycle has not been recovered from the possession of the petitioner. It is also submitted that a similarly situated coaccused person has already been granted bail by this Court.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been held in the present case so as to connect the petitioner with the alleged crime and

Patna High Court CR. MISC. No.46407 of 2021(2) dt.11-01-2022 3/3 moreover, the looted motorcycle has not been recovered from the conscious possession of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/ Successor Court, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 662 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T