Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80141 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- JADIA District- Supaul ====================================================== VIKASH KUMAR S/O LALAN YADAV R/O VILLAGE- DAMGARA WARD NO- 6 P.S- SHANKARPUR, DISTT.- MADHEPURA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. The following order was passed on 12.07.2023 in Cr. Misc. No. 35031 of 2023:- "Heard the learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Jadiya P.S. Case No. 16 of 2022 registered for the offence under Sections 392 of the Indian Penal Code.
As per the prosecution case, two miscreants came from behind on motorcycle and stopped the informant on gun point and the pillion rider snatched cash of Rs. 50,144/- along with Adhar Card and Pan Card from the informant.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.06.2022 and there is no recovery from the possession of the petitioner.
Patna High Court CR. MISC. No.80141 of 2023(2) dt.19-01-2024 2/3 Learned A.P.P. has vehemently opposed the prayer for bail and he submits that the petitioner has six criminal antecedents.
Considering the large number of cases registered against the petitioner which are of similar nature, I am not inclined to grant bail to the petitioner. Accordingly, this application for regular bail is hereby dismissed.
The Court below is directed to expedite the trial of the petitioner."
3. The petitioner has renewed his prayer for bail on the ground that he is in custody since 16.06.2022 and similarly situated co-accused Mithlesh Kumar @ Chhotu has been granted bail vide order dated 07.07.2023 passed in Cr. Misc. No. 36665 of 2023.
4. Learned counsel for the petitioner submits that he is ready to make good a part of the loss amount of the informant.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.
6. Considering the period of custody and also considering the fact that the co-accused Mithlesh Kumar @ Chhotu has been granted bail by a co-ordinate Bench of this Court, the present application allowed.
7. Accordingly, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.80141 of 2023(2) dt.19-01-2024 3/3 satisfaction of learned ACJM V, Supaul in connection with Jadiya P.S. Case No. 16/2022.
8. The petitioner is directed to mark his attendance in Shankarpur P.S., Madhepura on 1st Sunday and 4th Sunday of every month failure to do so will result in cancellation of bail bond of the petitioner.
9. The petitioner will deposit an amount of Rupees Twenty-Five Thousand in the Court below which is being done by him without accepting his guilt at the time of furnishing bail bond. The court below will release the amount in favour of the informant.
(Sandeep Kumar, J) Saif/- U T