Patna High CourtCR. MISC./76470/2023allowed

Vikash Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76470 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- DAWATH District- Rohtas ====================================================== Vikash Kumar Son Of Dhaneshwar Singh R/O Village- Kawai, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 380, 411 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they entered in the house of the informant and committed theft of Rs. 40, 000/- along with some jewellery. It is further alleged that the petitioner was apprehended by the informant and other persons managed to flee from there. From the possession of this petitioner, there has been recovery of Rs. 870 cash and one small mangalsutra.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.76470 of 2023(2) dt.01-12-2023 2/2 falsely been implicated in this case due to previous dispute. It is further submitted that police has not followed the provision of Cr.P.C. while preparing the seizure list. Moreover, the petitioner is languishing in judicial custody since 01.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dawath P.S. Case No. 127 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas.

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