Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51798 of 2024 Arising Out of PS. Case No.-482 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Vikesh Kumar Son of Nandkishor Yadav @ Nanda Kishore Yadav R/VRaipatti Bhataha, P.S.- Sugauli, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 482 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that when the informant was returning to his home, three unknown miscreants, on the point of pistol looted motorcycle, laptop etc. from the informant and fled away.

Patna High Court CR. MISC. No.51798 of 2024(2) dt.19-07-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of his self-confessional statement recorded in Sugauli P.S. Case No. 483 of 2023. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. The co-accused person has already been granted bail by this Bench vide order dated 30.04.2024 passed in Cr. Misc. No. 323272024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.01.2024 and has two criminal antecedents.

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 as also 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 Court

Patna High Court CR. MISC. No.51798 of 2024(2) dt.19-07-2024 3/3 below/concerned Court in connection with Sugauli P.S. Case No. 482 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T