Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39483 of 2024 Arising Out of PS. Case No.-647 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Vikash Kumar S/O Sanjay Prasad R/O Village- Jamorhi, P.S- Piro, Dist.TBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, 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 Bikramganj P.S Case No. 647 of 2023 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

3. As per the prosecution case, the informant received a secret information that near Shiv Mandir, Dharupur some persons assaulted five boys and on arrival of the informant alongwith other officials, they apprehended them and on interrogation, the petitioner disclosed that he with other coaccused use to commit theft of motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.39483 of 2024(2) dt.16-07-2024 2/3 petitioner has no concern with the alleged occurrence. Petitioner is neither the member of the gang nor involved in such crime. He further submits that the petitioner has got no criminal antecedent as stated in para 3 of the bail application.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. From perusal of the FIR, seizure list and impugned order dated 28.02.2024, it appears that on the basis of written report of the informant, FIR was registered against five accused persons and his name surfaced from the confessional statement of other co-accused persons and no incriminating articles were recovered from his conscious possession.

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 like amount each to the satisfaction of learned A.C.J.M - 1st, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 647 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that learned trial Court shall verify the criminal history of the petitioner within 10 days of receipt of a copy of this order. If any criminal antecedent is found then the bail

Patna High Court CR. MISC. No.39483 of 2024(2) dt.16-07-2024 3/3 bonds of the petitioner shall not be accepted and if the antecedent of the petitioner is not verified within 10 days, the bail bond of the petitioner shall be accepted provisionally.

(Ramesh Chand Malviya, J) saurabhkr/- U T