Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 28482 (PAT)

Vikash Kumar v. The State of Bihar

CR. MISC./17793/2025 · 2025-04-02

Arun Kumar Jha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17793 of 2025 Arising Out of PS. Case No.-328 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Vikash Kumar S/O Umesh Dom Resident of Village - Azad Nagar Wazirpur, Police Station- Bikram, Dist- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner is apprehending his arrest in connection with Ranitalab P.S. Case No. 328 of 2024 registered for the alleged offences under Sections 305, 331(4) and 3(5) of the B.N.S. 3. As per prosecution case, a theft was committed in the dwelling house of the informant and the thieves took away a T.V., two mobile phones, Rs. 12,000/- in cash and ornaments worth of Rs. 20,000/- On inquiry, the informant came to know about petitioner and co-accused persons who committed theft in his house. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been Patna High Court CR. MISC. No.17793 of 2025(2) dt.02-04-2025 2/3 falsely implicated in this case. The FIR has been registered after delay of five days for which there is no explanation. Nothing incriminating has been recovered from person or possession of this petitioner. On the basis of suspicion, co-accused Ajbut Kumar was apprehended and during interrogation this co- accused disclosed the name of the petitioner and other co- accused persons due to animosity. But there is no material against the petitioner to connect him with the offence as alleged. Petitioner is having clean antecedent. 5. Learned APP opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and further considering delay in lodging the F.I.R and also considering the clean antecedent of the petitioner coupled with possibility of false accusation, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Patna High Court CR. MISC. No.17793 of 2025(2) dt.02-04-2025 3/3 Judicial Magistrate, Danapur (Patna)/ court concerned, in connection with Ranitalab P.S. Case No. 328 of 2024, subject to the condition laid down under section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. balmukund/- (Arun Kumar Jha, J) U T