Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73486 of 2024 Arising Out of PS. Case No.-229 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Vikash Kumar Son of Surendra Prasad Resident of Village - Chhatnesar, P.S. - Warisnagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brahmaputra Singh Ishu, Advocate Ms. Poonam Kumari, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2025 Heard Mr. Brahmaputra Singh Ishu, learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Vibhutipur P.S. Case No. 229 of 2020, F.I.R. dated 11.08.2020 for the offences punishable under Section 379 of the Indian Penal Code.
3. According to prosecution case, one motorcycle and three mobiles of the informant was stolen from the house of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.73486 of 2024(3) dt.29-01-2025 2/2 petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Raja Kumar and except the aforesaid, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the stolen motorcycle has been recovered from the house of the petitioner and the co-accused, namely, Raja Kumar has confessed that the petitioner was involved in the present crime in question.
6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Vibhutipur P.S. Case No. 229 of 2020 pending in the court of Additional Chief Judicial Magistrate II, Samastipur.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T