Mukund Ji @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20819 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Mukund Ji @ Vivek Kumar S/O Shashibhushan Prasad R/O Village- Dighwa, P.S- Baikunathpur, Distt.- Gopalganj. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Chakia P.S. Case No. 213 of 2022 registered for the offence punishable under sections 395 IPC of the Indian Penal Code. As per allegation in the FIR, informant is owner of a jewelry shop and on 25.5.2022 while the informant, his brothers and staffs were at shop, six miscreants entered into his shop and on gun point looted ornaments of gold and silver and cash of Rs. 60 thousand from the cash counter. It is further alleged that they opened fire upon the informant and his brother Sudhir Kumar as a result of which they received gun shot injury. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR rather his name appeared on the basis of confessional statement of co-accused Subodh Kumar who

Patna High Court CR. MISC. No.20819 of 2023(3) dt.28-06-2023 2/2 disclosed that he sold jewelry to the petitioner, who runs a jewelry shop. Petitioner was already in custody in Chakia PS Case No. 239 of 2022 and remanded in the present case also. He has not been put on TIP. One kilogram silver has been alleged to be recovered from his possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 25.5.2023 passed in Cr. Misc. No. 27196 of 2023. Petitioner is languishing in judicial custody since 19.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 satisfaction of the learned CJM, East Champaran, Motihari in connection with Chakia P.S. Case No. 213 of 2022.

(Sunil Kumar Panwar, J) sushma/- U