← Library
Patna High Court/17019/2021bail granted

Vinay Kumar v. The State Of Bihar

2021-08-27Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17019 of 2021 Arising Out of PS. Case No.-189 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== VINAY KUMAR Son of Vidyanand Saah Resident of Village - Piparahi, P.S. - Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning on his motorcycle along with his wife, 3-4 accused persons, on the point of knife and pistol assaulted him and dispossessed him of his possessions including his vehicle. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned trial Court which has dealt with in detail the material that has transpired in course of investigation, it is submitted that the allegation of recovery of the motorcycle on

Patna High Court CR. MISC. No.17019 of 2021(2) dt.27-08-2021 2/2 the disclosure made by the petitioner is false and incorrect. The alleged confession made by the petitioner is before police and is not admissible. Inspite of being in custody since 30.11.2019 the petitioner has not been put on TI Parade and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody since 30.11.2019, the Court directs the petitioner to be enlarged on bail in connection with Punaura P.S. Case no. 189 of 2019 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 Chief Judicial Magistrate, Sitamarhi. (Partha Sarthy, J) Prakash/- U