Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74852 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Vikash Kumar Son of Vijay Yadav Village-Kodihra, P.S- Masaurhi, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suryadeo Prasad Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Asthawan P.S. Case No. 150 of 2024 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

3. Prosecution case, in short, is that, on the alleged date and time, the informant did not find her tractor and then search was made by her family members. In course of search, two miscreants were seeing sitting on the tractor and when they saw the informant, they tried to run away but one of them, i.e. this petitioner was caught.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.74852 of 2024(2) dt.22-10-2024 2/3 Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner but due to previous enmity, the petitioner has been made accused in this case by the informant. Learned counsel further submitted that petitioner has got no concern with the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.06.2024 and has one criminal antecedent.

5. Learned A.P.P. 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 as also 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Asthawan P.S. Case No. 150 of 2024, subject to the following conditions: (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

Patna High Court CR. MISC. No.74852 of 2024(2) dt.22-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T