Vikash Kumar @ Vikash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55832 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Vikash Kumar @ Vikash Gupta S/o Triloki Gupta @ Trilok Kumar R/o Vill - Hisuadih, P.S - Hisua, Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kawakole P.S. Case No. 189 of 2024 instituted for the offences under Sections 363, 365, 302, 34 of the Indian Penal Code.

3. The case of the prosecution is that the husband of the informant has gone to market with one Manish Manjhi and when he did not return for a considerable time, the informant enquired about him. Manish Manjhi told that he has left the husband of the informant at Kawakol. The informant suspects that Manish Manjhi has committed some offence with her husband.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55832 of 2025(2) dt.20-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of the confessional statement of the co-accused Manish Manjhi recorded before the police which has no evidentiary value in the eye of law. He further submits that the present case is a case of last seen along with the co-accused Manish Manjhi. Except confessional statement of the co-accused Manish Manjhi, there is nothing adverse against the petitioner in the entire record of the case. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 20.05.2025 without any rhymes or reason.

5. Learned counsel for the petitioners again submits that the co-accused namely Rohit Kumar @ X has been granted bail by this Court vide order dated 27.01.2025 passed in Cr. Misc. No. 4484 of 2025. He further submits that the co-accused Sujeet Kumar has also been granted bail by a Co-ordinate Bench of this Court vide order dated 18.01.2025 passed in Cr. Misc. No. 69091 of 2024.

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

Patna High Court CR. MISC. No.55832 of 2025(2) dt.20-08-2025 3/3 stating that the offence alleged against the petitioner is serious in nature.

7. 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, 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 Kawakole P.S. Case No. 189 of 2024.

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