Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79941 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Vikash Kumar, S/O- Late Mukhtar Singh R/o- Ranipur Ps- Paliganj DistPatna ... ... 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. 466 of 2022, lodged on 20.09.2022 under Sections 457, 380 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against unknown accused persons against whom there is an allegation that they have looted some ornaments 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 confessional statement of the co-accused.

Patna High Court CR. MISC. No.79941 of 2023(4) dt.19-03-2024 2/3 Counsel further 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 nine criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 21.10.2022 in the present case. Counsel also submits that charge-sheet has already been submitted in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that nothing has been recovered from the possession of the petitioner, but from the rejection order, it transpires that the stolen articles have been recovered on the confessional statement and disclosure of the petitioner himself.

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

8. Accordingly, the prayer for regular bail of the petitioner in connection with Budha Colony P.S. Case No. 466 of 2022, pending before the learned Judicial Magistrate 1st Class, Patna is hereby rejected.

9. Liberty is hereby granted to the petitioner that he

Patna High Court CR. MISC. No.79941 of 2023(4) dt.19-03-2024 3/3 may renew his prayer for bail after nine months from today.

10. In the meantime, the Trial Court is directed to expedite the trial at the earliest.

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