Patna High CourtCR. MISC./67006/2025bail granted

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

2025-09-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67006 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Vikash Kumar @ Nokha @ Vikash Yadav @ Vikas Yadav Son of Bindeshwari Yadav @ Vindeshwari Yadav R/o Village - Itabandh, P.S.- Chandradeep, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-09-2025 Heard Mr. Diwakar, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner seeks bail in connection with Chakai P.S. Case No. 55 of 2024, instituted for the offences punishable under Sections 394/34 of the Indian Penal Code.

3. The prosecution case, in short, is that three accused persons accosted the informant while he was on his way and on the point of pistol, they snatched his motorcycle. On ruckus, one of the co-accused was apprehended by the help of local villagers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.67006 of 2025(3) dt.15-09-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused, namely, Abhishek Kumar and the same has got no evidentiary value. It is next submitted that the petitioner was not put on T.I. parade. The petitioner is in custody since 05.12.2024 and has got five criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 14.08.2024 passed in Cr. Misc. No. 55335 of 2024.

5. Learned APP 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 and taking into account 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakai P.S. Case No. 55 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.67006 of 2025(3) dt.15-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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