Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79400 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Vikash Kumar, S/O Late Mukhtar Singh Resident Of Ranipur, P.S.- PALIGANJ, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kailash Prasad Swarnkar, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Budha Colony P.S. Case No. 465 of 2022, lodged on 19.09.2022 under Sections 457, 380 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 3 unknown accused persons against whom there is an allegation that they have looted some ornaments and cash from the informant's flat.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case by virtue of his confessional statement. Counsel further

Patna High Court CR. MISC. No.79400 of 2023(4) dt.19-03-2024 2/3 submits that nothing incriminating was recovered from the petitioner's possession nor he was put on TIP.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are eight criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 22.09.2022 in the present case. Counsel also submits that charge has already been framed in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and there are eight criminal cases pending against him. Counsel also submits that in the rejection order it has come that the petitioner has been identified in the CCTV footage and on the petitioner's statement, stolen articles were recovered from the house of his relatives who are coaccused in the present case.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner at this stage.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Budha Colony P.S. Case No. 465 of 2022, pending before the learned Judicial Magistrate 1st Class, Patna is hereby rejected.

Patna High Court CR. MISC. No.79400 of 2023(4) dt.19-03-2024 3/3

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after nine months from today.

10. The Trial Court is directed to expedite the trial at the earliest.

(Dr. Anshuman, J.) Divyansh/- U T