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2025 DAILYLAW 9510 (PAT)

Vickky Kumar v. The State of Bihar

CR. MISC./4462/2025 · 2025-01-24

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4462 of 2025 Arising Out of PS. Case No.-236 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Vickky Kumar S/O Kanchan Kumar Ranjan Village- Manjhathi, P.S.- Konch, District- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mukul Kumari, Adv. For the Opposite Party/s : Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner seeks bail in connection with Barun P.S. Case No. 236 of 2022 registered for the offences punishable under Section 392 of the Indian Penal Code. 3. As per prosecution case, four unknown miscreants came on maruti suzuki car and took away the informant’s trailer loaded with steel worth Rs. 22,00,314/-. 4. Learned counsel for the petitioner submits that petitioner is not named in the first information report and his name has surfaced in this case upon the confessional statement of co-accused Suryadeo Singh. Except the confessional statement of the said co-accused, there is nothing on the record to connect the present petitioner with the alleged occurrence. Patna High Court CR. MISC. No.4462 of 2025(2) dt.24-01-2025 2/3 Petitioner is innocent and has not committed any offence as alleged in the first information report. He has been falsely implicated in this case. No T.I.P has been conducted as yet. Petitioner is in custody since 21.10.2024. Charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that co-accused Suryadeo Singh, upon whose confessional statement the name of the petitioner has transpired in the present case, has already been granted bail by this Court vide Cr. Misc. No. 45607 of 2022 and the case of the present petitioner stands on better footing. Petitioner bears no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view the clean antecedent, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and the fact that co- accused upon whose confession name of the petitioner has transpired in the present case has already been granted bail by this Court, let the petitioner above named be released on bail on Patna High Court CR. MISC. No.4462 of 2025(2) dt.24-01-2025 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 236 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. mcverma/- (Alok Kumar Pandey, J) U T