Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6635 of 2018 Arising Out of PS. Case No.-336 Year-2015 Thana- DEEPNAGAR District- Nalanda ====================================================== Vikash Kumar S/o Arvind Gope @ Vikku Gope, R/o Village- Rupaspur, P.S.- Chiksaura, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. SRI RAM BILASH ROY RAMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deep Nagar P. S. Case No. 336 of 2015 registered under Section 392 of the Indian Penal Code and later on, Section 411 of the Indian Penal Code was added. Four unknown miscreants are said to have committed robbery on the point of pistol intruding into the house of the informant in the night and looted away five mobiles, cash Rs. 25,000/- and ornaments.

It is submitted by the learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor was apprehended on the spot nor any recovery was made from his conscious physical possession. He has no concern with the aforesaid

Patna High Court Cr.Misc. No.6635 of 2018(3) dt.21-02-2018 2/2 occurrence. He has been falsely implicated in the case due to dirty village politics. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the co-accused, namely, Pawan Kumar, which has no evidentiary value in the eye of law. He has been languishing in custody since 23.02.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsarif in connection with Deep Nagar P.S. Case No. 336 of 2015.

(Prakash Chandra Jaiswal, J) ajay gupta/- U T