Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45257 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- CHANDI District- Bhojpur ====================================================== Vikash Kumar, son of Yogi Ray, Resident of Village-Salimpur, P.S.- Chandi, Distt.- Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya, Advocate Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Chandi P.S. Case No.23 of 2025 registered under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. Allegation against the petitioner is to commit theft in the shop of the informant, which was in road side, from where around 60 pieces of mobile phones of Redmi, Realme, Vivo, Motorola company etc. as well as cash of Rs.10 lakhs and Rs. 40,000/-, which was kept in shop separately were found stolen. Upon inspection, it was found that camera
Patna High Court CR. MISC. No.45257 of 2025(5) dt.31-10-2025 2/3 of the shop was also broken and chip of same was also missing.
4. It is submitted by learned counsel appearing for petitioner that the name of this petitioner transpired during the course of investigation on the basis of confessional statement of co-accused Sahil Alam and Manish Kumar. It is pointed out that almost on all material aspects, the investigation of this case was concluded and, therefore, sending this petitioner behind the bar would not serve any purpose of the justice. It is submitted that even the recovered mobile from the house of co-accused Manish Kumar, who named this petitioner, was not put on material T.I.P. as to suggest whether same was stolen from the shop of the informant or not. In this context, it is further submitted that the said co-accused Manish Kumar was already granted bail by this Court through Cr. Misc. No.25200 of 2025 dated 28.07.2025. The petitioner claimed clean antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.45257 of 2025(5) dt.31-10-2025 3/3 taking note of fact as the name of petitioner transpired during the course of investigation out of confessional statement of co-accused as submitted aforesaid, coupled with the fact that investigation of this case is almost concluded on all material aspects qua apprehended co-accused persons, accordingly, the petitioner, above-named, in the event of his arrest or surrender before the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bhojpur at Ara/concerned court in connection with Chandi P.S. Case No.23 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T