Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45920 of 2025 Arising Out of PS. Case No.-167 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Vicky Kumar S/O Akkal Yadav Resident of Village- Latra, P.S- Gopalpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Amrendra Kumar, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Naugachia P.S. Case No. 167 of 2024 instituted for the offence under Sections 384, 386, 379, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that Anti Liquor Task Force, Naugachia came on a scorpio vehicle which was being driven by a private driver, namely, Sanni along with two home guard jawans to the house of the informant and forcibly kept a sack full of liquor and threatened that she will be implicated in a case of liquor if she does not give cash on which the informant

Patna High Court CR. MISC. No.45920 of 2025(2) dt.04-08-2025 2/3 gave Rs. 13,000/- to the driver while the home guard jawans committed theft of Rs. 1,08,000/-

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced in this case because he is also a home guard. There is no specific allegation in the FIR as to which home guard has committed the theft. It has also been submitted that nothing has been recovered from the possession of this petitioner. He has also submitted that the occurrence is of 18.05.2024 whereas the FIR was lodged on 24.05.2024 with a delay of six days and there is no explanation of the delay. He has also submitted that one co-accused Sanni Thakur having the allegation of taking away Rs.

13,000/- has been granted bail by learned co-ordinate Bench of this Court vide order dated 18.09.2024 in Cr. Misc. No. 59785 of 2024 and another coaccused Aditya Kumar who is also a home guard has been granted bail by learned co-ordinate Bench of this Court vide order dated 31.01.2025 in Cr. Misc. No. 88313 of 2024. The case of this petitioner stands of similar footing.

Patna High Court CR. MISC. No.45920 of 2025(2) dt.04-08-2025 3/3 criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Naugachia P.S. Case No. 167 of 2024, he will be enlarged 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 A.C.J.M. 1st, Naugachia subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T