Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54504 of 2024 Arising Out of PS. Case No.-485 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Vikash Kumar Son of Ram Lakhan Roy Resident of Vill- Turki Nunfar, P.S.- Meenapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rina Sinha, Advocate Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Vaishali P.S. Case No.485 of 2021 registered under Section 394 of the I.P.C.
3. As per prosecution case, on the alleged date of occurrence while the informant, who deals in jewellery, was proceeding from his village on his cycle and reached near Madarsa Chowk at about 8:00 a.m., three riders wearing helmet on two motorcycles intercepted him and on the point of pistol, they looted 50 grams gold and 5 kg. silver jewellery from the informant and fired on his right thigh and fled away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.54504 of 2024(7) dt.05-03-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The F.I.R. was lodged against unknown persons. On the basis of confessional statement of the petitioner in other cases, petitioner has been implicated in the present case and he has been remanded in this case on 22.03.2023. Nothing incriminating articles have been recovered from his possession. At the time of alleged occurrence, petitioner was in jail custody. The informant has also not identified the petitioner. Petitioner was enlarged on bail on 23.11.2021 in Sarai P.S. Case No.151 of 2020 and bail bond was furnished on 10.12.2021 which shows that on the date of occurrence the petitioner was in jail custody. Learned counsel for the petitioner further submits that charge has already been framed in this case and petitioner is in custody since 22.03.2023.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner stating that the petitioner has nine criminal antecedents.
6. Having considered the above facts and circumstances of the case as well as the period of custody, let the above named petitioner 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 learned C.J.M.,
Patna High Court CR. MISC. No.54504 of 2024(7) dt.05-03-2025 3/3 Vaishali at Hajipur in connection with Vaishali P.S. Case No.485 of 2021.
(Sunil Dutta Mishra, J) Harish/- U T