Vikash Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14023 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== VIKASH KUMAR @ VIVEK KUMAR Son of Virendra Mehta Resident of Village - Jadia Ward No. -13, P.S. - Jadia, District - Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under section 394 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the four accused persons, on the point of pistol are stated to have looted the informant of his belongings including his motorcycle.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown and the name of the petitioner transpired in course of investigation in the confessional statement of Jay Kishore Kumar and thereafter Mukesh Kumar. It is submitted that co-accused Mukesh Kumar has been enlarged on bail. It is further submitted that so far as the stolen motorcycle being recovered from the possession of

Patna High Court CR. MISC. No.14023 of 2021(3) dt.04-08-2021 2/2 the petitioner is concerned, the same is an error committed by the learned Court below. From perusal of the case diary wherein the details of the motorcycle recovered from the petitioner's possession has been given together with the insurance policy with respect to the said motorcycle brought on record as Annexure-2 to the petition, it would transpire that the petitioner is the owner of the same. The petitioner is in custody since 24.11.2020 and investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Raghopur P.S. Case No. 107 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur, District Supaul.

(Partha Sarthy, J) Prakash/- U