Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73506 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Vikash Kumar Singh Son of Jit Narayan Singh R/O Vill.- Kundeshwar, P.S.- Shahpur, Dist.- Bhojpur, at present Near Chapra Khatal, Rana Pratap Nagar, P.S.- Chas, District- Bokaro, Jharkhand-827013 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 229 of 2024 instituted for the offences under Sections 303(2), 317(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that some unknown miscreants have stolen Rs. 11,87,800/- by breaking the ATM lock.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.73506 of 2024(3) dt.17-12-2024 2/3 the co-accused Rajendra Kumar. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of Rs. 11,74,600/- has been made from coaccused Rajendra Kumar. Learned counsel further submitted that petitioner has got no concern with the recovered cash amount. Learned counsel further submitted that except confessional statement of the co-accused, there is no cogent material against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that this petitioner is the conspirator of the alleged offence as he had shared the password of the ATM pin with the co-accused Rajendra Kumar.

6. Considering the aforesaid facts and circumstances of the case, there being no recovery of cash from the petitioner and petitioner has fair antecedent, 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

Patna High Court CR. MISC. No.73506 of 2024(3) dt.17-12-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S. Case No. 229 of 2024.

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