Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8489 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== VISHAL KUMAR Son of Prabhu Rai Resident of Naga Road Raxaul, Ward No. 22, P.S.- Raxaul, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 413, 414, 420 of the Indian Penal Code. The prosecution case in short is that the motorcycle of the informant, parked near his rented room, was stolen by someone. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-11-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR. His name transpired in confessional statement of co-accused. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court CR. MISC. No.8489 of 2019(3) dt.12-04-2019 2/2 in the present case. It has further been submitted that the petitioner may be released after completion of eight months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of eight months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Raxaul P.S. Case No. 310 of 2018.

(Sudhir Singh, J) A.K.V.//- U T