Vikash Kumar @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1251 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- BARH District- Patna ====================================================== Vikash Kumar @ Rajiv Kumar son of Suresh Prasad Village- Chondi W.No-6, Ps- Barh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barh P.S. Case No. 618 of 2023 instituted for the offence under Sections 395, 397 of the Indian Penal Code.

3.

Prosecution case in short is that 5-6 unknown miscreants came inside the house of the informant at night and assaulted the informant as well as his staff. Upon ruckus they fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-09-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.1251 of 2024(2) dt.29-01-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the F.I.R. and no incriminating article has been recovered from his possession. No T.I. parade has been conducted in this case. His name has been dragged in this case due to mobile tower location. In this regard, it is submitted that since the petitioner is resident of that locality, due to which mobile was traced at the place of occurrence. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusations, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. Case No. 618 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T