Vikash Kumar @ Vikash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72773 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Vikash Kumar @ Vikash Mahto Son of Guli Mahto R/o village- Pachrukha, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar Ii For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-11-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 81 of 2024 registered for the offences punishable under Section 394 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants assaulted and abused the informant and took away two mobile phones and motorcycle.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in the present case upon the confessional statement of co-accused, Sahbag @ Rupesh Kumar in

Patna High Court CR. MISC. No.72773 of 2024(3) dt.29-11-2024 2/3 Banjariya P.S. Case No. 149 of 2024. Except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is next door neighbour of co-accused Sahbag @ Rupesh Kumar and on account of inimical term, petitioner's name has been disclosed as participant in the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.72773 of 2024(3) dt.29-11-2024 3/3 learned C.J.M, Motihari East Champaran in connection with Turkauliya P.S. Case No. 81 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T