Vishal Kumar @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14941 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- MASHRAK District- Saran ====================================================== VISHAL KUMAR @ RAJU KUMAR, Son of Raj Bansi Prasad, Resident of Village - Magahi, P.O.- Gopalpur, P.S.- Basantpur, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Basant Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.08.2018 in a case registered for the offence punishable 395 under Section of the Indian Penal Code.

It is alleged that two unknown accused persons attempted to commit robbery of the motorcycle of the informant, but on protest being made they resorted to fire upon him, leading to registration of FIR against two unknown persons. Subsequently, the petitioner was remanded in the present case on the basis of his confessional statement made in Masarak P.S. Case No. 211 of of 2018.

It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case only on

Patna High Court CR. MISC. No.14941 of 2019(2) dt.12-03-2019 2/2 the basis of confessional statement and no recovery has been made from the conscious physical possession of the petitioner. It is further submitted that the investigation has already been concluded.

Learned APP for the State submits that the petitioner has been remanded in the present case and he is having serious criminal antecedent.

Considering the period under custody and the investigation already being concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Saran at Chapra in connection with Masrak P.S. Case No. 153 of 2018. Since the petitioner is having serious criminal antecedent, learned Court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Ashwini/- U T