Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52142 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Vikash Kumar S/o- Vishnudev Prasad Resident of Village- Keshopur, Ward No 11 PS-Paroo District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baligaon P.S. Case No. 40 of 2025 instituted for the offences under Sections 334(1) and 303(2) of the Bhartiya Nyaha Sanhita, 2023.

3. As per prosecution case, there is an allegation of theft in night in the shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the suspicion. He further submits that nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.52142 of 2025(2) dt.14-08-2025 2/2 of the petitioner. The name of the petitioner has transpired in this case on the basis of the confessional statement of the coaccused Kubodh Kumar @ Kumod Kumar recorded before the police which has no evidentiary value in the eye of law. The petitioner has no concern with the seized liquor. The petitioner has no criminal antecedent and is languishing in judicial custody since 27.03.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baligaon P.S. Case No. 40 of 2025. (Rudra Prakash Mishra, J) rishi/- U T