Vicky Shah @ Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11527 of 2025 Arising Out of PS. Case No.-132 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Vicky Shah @ Vicky Kumar S/O Ishwar Sao @ Ishwar Shah R/O VillageNauranga, P.S- Muffasil, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is in custody since 18.11.2024 and has antecedent of nine cases and some of the cases are under the Excise Act while some of the cases of the minor sections of the I.P.C., but two cases are under Section 302 of the I.P.C. and under the Arms Act. It is next submitted that the informant alleges that on 20.04.2018 while he was returning home at 8.30 P.M. after closing his jewellery shop, when he was intercepted by four accused persons near Khadi Gram Udyog and the accused
Patna High Court CR. MISC. No.11527 of 2025(2) dt.05-03-2025 2/3 persons snatched his two ATM cards along with cash of Rs.3,000/- and assaulted him by butt of a pistol causing injury on his head.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the police. It is next submitted that petitioner was arrested in connection with Kotwali P. S. Case No.132 of 2018 wherein he was made to confess about his participation in the instant crime also. It is further submitted that confession in police custody does not have any evidentiary value. It is further submitted that it is not the case of the prosecution that based on confession of the petitioner any recovery was made.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Muffasil P. S. Case No.132 of 2018, subject to the condition that one of the bailors of the petitioner shall be his father Ishwar Sao alias Ishwar Shah.
Patna High Court CR. MISC. No.11527 of 2025(2) dt.05-03-2025 3/3
7. The application stands allowed.
8. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar.
(Satyavrat Verma, J) vikash/- U T