Vishal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20565 of 2024 Arising Out of PS. Case No.-366 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vishal Kumar Singh S/o Birendra Singh R/o Vill - Mangolpur, P.S. - Mohammadpur, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar, Advocate.

For the Opposite Party/s :

Mrs.Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Mr. Saurabh Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sidhwaliya P.S. Case No. 366 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per the allegation made in the F.I.R. which is against unknown, at the point of pistol, the accused persons snatched Rs. 1100/, mobile and back-pack containing certain certificates of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is not involved in the alleged offence in any manner, however, his name has been taken in course of investigation on the basis of disclosure made by one co-accused Vikki Kumar from whose possession mobile phone

Patna High Court CR. MISC. No.20565 of 2024(2) dt.02-04-2024 2/2 and back-pack containing certificates were recovered. Nothing has been recovered from conscious possession of the petitioner. He further submits that two criminal cases are pending against the petitioner in which he has already been released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. and the fact that the recovery has been made from coaccused Vikki Kumar and on his confessional statement the petitioner has been made accused in the present case which has no evidentiary value in the eye of law, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Gopalganj in connection with Sidhwaliya P.S. Case No. 366 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T