Vikash Kumar @ Padwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70282 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== VIKASH KUMAR @ PADWA S/O VIJAY YADAV @ VIJAY PRASAD R/O VILLAGE- KODIHARA, P.S- MASAUDHI, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Shankar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case,the informant alleged that his vehicle was driven by Shravan Kumar and in the night the driver of the vehicle slept after parking the vehicle. It is further alleged that in the night the driver was awaken by some unknown persons and when the driver opened the gate of the vehicle unknown miscreants entered into the vehicle and fled away with the vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.70282 of 2023(2) dt.06-11-2023 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-acccused Chhotu Kumar @ Rajnikant Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 24.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Nawada in connection with Akbarpur P.S. Case No. 74 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T