Vikash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18812 of 2023 Arising Out of PS. Case No.-1052 Year-2019 Thana- NAGAR District- Vaishali ====================================================== VIKASH JHA S/O LATE VIJAY SHANKAR JHA R/v- Shahpur Pagra, P.S.- Dalsingh Sarai, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anju Kumari @ Anju Narain For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code and later on added Section 387 of the IPC.

3. As per prosecution case, 6-7 miscreants entered in branch of a Finance Company, of which, informant is Branch Manager and on the point of pistol, the informant and other employees were locked in a room and looted away 55.7 Kg of gold besides other articles.

Patna High Court CR. MISC. No.18812 of 2023(5) dt.30-08-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 07.10.2021 passed in Cr. Misc. No. 33308 of 2021. He is remanded in this case on 12.02.2021 from another case and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.18812 of 2023(5) dt.30-08-2023 3/3 satisfaction of the learned Court below in connection with Nagar P.S. Case No. 1052 of 2019.

(Sunil Kumar Panwar, J) arish/- U