Vikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43235 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Vikesh Kumar Son of Nand Kishore Yadav R/O Vill.- Raipatti Bhataha, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 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 the 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 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 coaccused, Raushan Patel @ Raushan Kumar. It is submitted that no
Patna High Court CR. MISC. No.43235 of 2024(2) dt.02-07-2024 2/2 T.I.P. has been conducted by the prosecution. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 25.06.2024 passed in Cr. Misc. No. 42537 of 2024. The petitioner has three criminal antecedents in which he is on bail in two cases 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, Motihari, East Champaran, in connection with Sugauli P.S. Case No. 469 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T