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Patna High CourtCR. MISC./11819/2020bail granted

Vikash Singh v. The State Of Bihar

2020-10-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11819 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Vikash Singh Son of Munna Singh Resident of Village-Pithora, P.S.- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Forbesganj P.S. Case No.350 of 2019, registered against unknown under section 379 of the Indian Penal Code.

As per allegation in the F.I.R., a sum of Rs.8.6 lacs was stolen from the informant soon after he had withdrawn the amount from the Bank. It is stated that in the CCTV footage one accused person could be seen.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused Vivek Kumar Jha, made before the police. No incriminating article has

Patna High Court CR. MISC. No.11819 of 2020(5) dt.21-10-2020 2/2 been recovered from the person or possession of the petitioner nor any recovery has taken place as a result of the said confessional statement. It is submitted that the petitioner has falsely been implicated in this case as he was earlier implicated in other cases, wherein also in most of the cases he was not named in the FIR.

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

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation as also the submission made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Forbesganj P.S. Case No.350 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code. Bibhash/- (Partha Sarthy, J) U