Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31865 of 2021 Arising Out of PS. Case No.-90 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== VIPIN KUMAR Son of Ramdayal Mahto Resident of Village - Jahura, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51322 of 2021 Arising Out of PS. Case No.-90 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== VICKEY SINGH S/o- Kishori Singh @ Kishori Kunwar Resident of VillageLakhan Sen, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31865 of 2021) For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 51322 of 2021) For the Petitioner/s :
Mr.Sunil Kumar Pandey For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, in both the cases. The petitioners seek regular bail in connection with Baruraj Police Station Case No. 90 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.
Patna High Court CR. MISC. No.31865 of 2021(4) dt.08-03-2022 2/3 The prosecution case, as per the First Information Report, is that the informant was intercepted by four miscreants, who looted away the motorcycle of the informant. Learned Counsel for the petitioners submit that the petitioners have falsely been implicated in this case on the basis of confessional statement of co-accused Nitin Kumar. They further submit that no incriminating material and/or looted motorcycle has been recovered from the possession of the petitioners. They further submit that co-accused Nitin Kumar, on the basis of whose confessional statement, the petitioners have been implicated in this case, has been granted bail by coordinate Bench of this Court, vide order, dated 18.03.2020, passed in Criminal Misc. No. 84545 of 2019.
They further submit that the petitioners are in custody since 04.09.2020 and 06.03.2021 respectively and charge sheet has been submitted against them and as such, there is no likelihood of the petitioners being abscond or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that co-accused Nitin Kumar has been granted bail by this Court, the petitioners are in custody since 04.09.2020 and 06.03.
Patna High Court CR. MISC. No.31865 of 2021(4) dt.08-03-2022 3/3 charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
This application is, accordingly, allowed.
Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Baruraj Police Station Case No. 90 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √