Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5852 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- NARAINPUR District- Bhojpur ====================================================== VIKASH KUMAR S/O SUDHARSHAN SINGH R/v- Sevathara, P.S.- Narayanpur, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 and added section 395 of the Indian Penal Code.

As per allegation in the FIR, informant was working as Consultant Regional Executive in Chetanya India Credit Private Ltd. . After procuring an amount of Rs. 44,996/- from three meetings at Village Baruna, he was going towards to Madanpura village by his motorcycle. While he reached near Narayanpur Mod, three miscreants on a motorcycle came there and intercepted him on pistol point and looted his mobile, identify proofs and all collected money which was kept in a bag.

Patna High Court CR. MISC. No.5852 of 2023(2) dt.24-03-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. His name sprang up in this case on the basis of confessional statement of co-accused Sunil, which has no evidentiary value in the eye of law. Nothing has been recovered from conscious possession of the petitioner. Petitioner is languishing in judicial custody since 20.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 98 of 2022.

(Sunil Kumar Panwar, J) sushma/- U