Vikash Kumar @ Gonga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30515 of 2024 Arising Out of PS. Case No.-649 Year-2023 Thana- BARH District- Patna ====================================================== Vikash Kumar @ Gonga son of Sona Yadav Village- Gulab Bag Station Road Ps- Barh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash .

For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barh P.S Case No. 649 of 2023 registered for the offences punishable under Sections 392 of the I.P.C.

3. As per prosecution case, it alleged that Amarjit Kumar and two other accused persons have snatched mobile phone and Rs. 1.36 lakh from the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 23.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order it appears

Patna High Court CR. MISC. No.30515 of 2024(2) dt.25-04-2024 2/2 that petitioner is not named in FIR his named surfaced on confessional statement of the co-accused, no recovery was made from the conscious possession of the petitioner, no TIP conducted during investigation and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Barh in connection with Barh P.S Case No. 649 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T