Patna High CourtCR. MISC./13169/2024bail granted

Vishal Kumar @ Chinese @ Chaines v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13169 of 2024 Arising Out of PS. Case No.-407 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Vishal Kumar @ Chinese @ Chaines S/o Manoj Yadav R/o vill - Salimpur Arhara, Daldali Gali No. 4, P.S. - Gandhi Maidan, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 407 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, on the date of occurrence, three unknown persons are alleged to have snatched a golden chain and cash of Rs. 5,000/- from the Informant on the point of gun.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.13169 of 2024(2) dt.04-03-2024 2/3 present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case merely on the basis of socalled confessional statement of the petitioner himself recorded before the police. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted in this case. The petitioner has altogether ten criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 14.03.2023.

5. Learned counsel for the petitioner again submits that the co-accused Niraj Kumar @ Nikhil Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 06.02.2024 passed in Cr. Misc. No. 84279 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail after framing of charge, if not already framed, on

Patna High Court CR. MISC. No.13169 of 2024(2) dt.04-03-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kankarbagh P.S. Case No. 407 of 2022.

(Rudra Prakash Mishra, J) rishi/- U T