Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83185 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- CHEWARA District- Sheikhpura ====================================================== Vikash kumar S/o Late Wasisth Singh R/o vill - Lodipur, P.s. - Bind, Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chewara P.S. Case No. 13 of 2024 dated 20.02.2024 registered for the offences punishable under Sections 341, 342, 356 and 379 of the I.P.C. which was later on changed to Section 392 of the I.P.C.
3. As per the prosecution case, on 18.02.2024, 3-4 unknown miscreants looted the Hyva vehicle bearing No. BR01GH3508, mobile and purse of the informant while he was going to Chapra with the Hyva vehicle on which stone chips was loaded.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.83185 of 2024(3) dt.03-03-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused, Raghvendra Kumar which has got no evidentiary value in the eye of law. It is further submitted that the alleged occurrence took place on 18.02.2024 and the F.I.R. has been lodged on 20.02.2024 for which no explanation has been given by the prosecution.The other co-accused person has already been granted bail by this court vide order dated 09.01.2025 passed in Cr. Misc. No. 86039/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Chewara P.S. Case
Patna High Court CR. MISC. No.83185 of 2024(3) dt.03-03-2025 3/3 No. 13 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T