Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48225 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Vikash Kumar @ Vikash Kumar Yadav S/O Sri Ramnarayan Yadav resident of village-araraha, ward no 15, PS- karjain, Distt-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Birpur P.S. case No. 268 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that unknown miscreants assaulted the informant and his uncle while they wre going by a motorcycle. Thereafter, they snatched the mobile and motorcycle of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.48225 of 2024(2) dt.12-07-2024 2/3 The name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Dinesh Kumar Yadav, who has been granted bail by this Bench by order dated 26.04.2024 passed in Cr. Misc. No. 20163 of 2024. No incriminating material has been recovered from the conscious possession of the petitioner. Except the confession statement, there is nothing alleged against the petitioner. The petitioner is in custody since 12.03.2024 and has no criminal antecedent. Charge-sheet has been submitted in this case. Another co-accused has also been granted bail by this Bench vide order dated 10.05.2024 passed in Cr. Misc. No. 36151 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.48225 of 2024(2) dt.12-07-2024 3/3 Court below/concerned Court in connection with Birpur P.S. case No. 268 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T