Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30993 of 2016 Arising Out of PS.Case No. -375 Year- 2015 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Vikky Kumar, aged about 22 yrs. S/o Yamuna Mahto, R/o Near Gandhi Murti, Dujra, P.S. Buddha Colony, Dist- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Kumar Maharaj, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant was sitting on his bed, then all of a sudden 4-5 visored youths entered in his room and showing knife and country made pistol started assaulting the informant and his family and looted away huge money from the almirah, ornaments, mobile etc. They also damaged the wire of telephone.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.11.2015 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30993 of 2016 (3) dt.14-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been made accused on the basis of his self confession before the police. The petitioner happened to be the employee of the informant and there was admitted dispute regarding wages of the petitioner. Hence, the petitioner has falsely been implicated by the informant in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 the court of Smt. Khusbu Kumari, Judicial Magistrate, 1st class, Patna in connection with Sri Krishnapuri P.S. case No.375 of 2015 (G.R. No.7816 of 2015).

(Sudhir Singh, J) Narendra/- U T