Vikash Kumar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24545 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== VIKASH KUMAR @ BABLU KUMAR Son of Lalan Rai @ Kari Singh Resident of village - Narayan Pipar, P.S.- Khodawandpur (Chhaurahi OP), Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khodabandpur P.S. Case No. 229 of 2020 registered for the offence under Section 392 of the I.P.C.
The accused/petitioner is not named in the F.I.R. and is in custody since 22.12.2022.
The allegation against the petitioner is to commit robbery and while committing so looted the pick up van and other articles belongs to informant.
Patna High Court CR. MISC. No.24545 of 2022(2) dt.26-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused Pappu Yadav, in furtherance thereof, no incriminating material recovered or anything surfaced which may connect the petitioner with alleged recovery. It is further submitted that petitioner never put on TIP. It is further submitted that as petitioner involved in six cases, where he is on bail, he has been falsely implicated in present case. While concluding the argument, it has been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 45760 of 2021 vide order dated 15.11.2021 and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in F.I.R. Considering the facts and circumstances as mentioned above, as no incriminating material recovered or surfaced against the petitioner during investigation to connect with present set of occurrence in furtherance of confessional statement of co-accused coupled with the fact that charge-sheet
Patna High Court CR. MISC. No.24545 of 2022(2) dt.26-08-2022 3/3 has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khodabandpur P.S. Case No. 229 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of S.D.J.M. Manjhoul, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T