Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61489 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Vipin Kumar, S/O Ramesh Sahani, R/O Village- Fatehpur Pakari, P.S. Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 145 of 2025, registered for the alleged offence under Section 309 (4) of BNS, 2023.

3. As per prosecution case, the informant was robbed by four miscreants of his motorcycle, a mobile phone, Rs.6500/- cash and some documents. The name of the petitioner transpired during investigation for being involved in the said occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner has been

Patna High Court CR. MISC. No.61489 of 2025(2) dt.10-09-2025 2/3 named in this case merely on the basis of confessional statement of co-accused Niraj Kumar and except for that, there is no material available against the petitioner showing his involvement in the crime. The recovery of looted article was made from the co-accused Niraj Kumar and Sonu Kumar. The petitioner has not been put to any Test Identification Parade to ascertain his identity. The petitioner is in custody since 13.06.2025 and is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/court concerned, in connection with Bhagwanpur P.S. Case No. 145 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.61489 of 2025(2) dt.10-09-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T