Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9385 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- MAHUA District- Vaishali ====================================================== VIKAS KUMAR Son of Binod Mahto R/o Sadapur, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S. Case No. 358 of 2022 dated 25.05.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three miscreants looted motorcycle, mobile, purse containing documents and Rs. 5000 in cash, Aadhar Card, Pan Card and ATM Card of the informant on the point of pistol.

Patna High Court CR. MISC. No. 9385 of 2023(2) dt.03-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of coaccused Amrendra. No T.I. Parade has been conducted by the prosecution. No incriminating article has been found from the conscious possession of the petitioner. The co-accused persons have already been granted bail by the Coordinate Bench vide order dated 06.04.2023 passed in Cr. Misc. No. 66125 of 2022. The petitioner has got two more cases other than the present case and out of which he is on bail in one case. The petitioner is in custody since 25.07.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Mahua P.S. Case No. 358 of 2022.

Patna High Court CR. MISC. No. 9385 of 2023(2) dt.03-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T