Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42537 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Vikash Kumar Son of Suresh Yadav R/O Vill.- Bhataha, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 469 of 2023 dated 01.11.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, on 01.11.2023 when the informant was returning from his office, in the meantime, three unknown miscreants boarded on motorcycle overtook him and snatched away the personal belonging of the informant on the point of gun.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.42537 of 2024(2) dt.25-06-2024 2/3 this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Bikesh Kumar. It is submitted that no T.I.P. has been conducted. It is further submitted that a pistol with two live cartridges, a motorcycle, mobile phone and silver chain looted from the informant were recovered from the possession of the petitioner for which a separate case has been lodged in connection with Sugauli P.S. Case No. 483 of 2023. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Sugauli P.S. Case No. 469 of 2023.

Patna High Court CR. MISC. No.42537 of 2024(2) dt.25-06-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T