Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29987 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Vicky Kumar Son of Bhusan Bhagat Village Situahi, P.S. Sahebganj, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394, 302/34 of the Indian Penal Code and Section 27 of Arms Act. Later on, also added Sections 25(1-b)a, 26, 35, 25 of Arms Act and thereafter, chargesheet has been submitted u/s 394, 302/34 of the Indian Penal Code and Section 25(1-b)a, 26, 27, 35 of the Arms Act.

Allegation against the petitioner is that

Patna High Court CR. MISC. No.29987 of 2024(3) dt.19-07-2024 2/3 he along with his associates committed broad day light robbery in ATM and he has robbed Rs. 13,00,000/- (thirteen lakh rupees). It is further alleged that one of the security guards of ATM Van, namely, Bhanu Kumar Chaubey, was shot dead by the robbers.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the F.I.R. nor anything incriminating has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 16.02.2023.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that from perusal of para 27 of the Case Diary, the petitioner has confessed his guilt about his involvement in the said offence. He has been identified in the Test Identification Parade by the witnesses. This fact is apparent from para 314 of the Case Diary.

Patna High Court CR. MISC. No.29987 of 2024(3) dt.19-07-2024 3/3 Petitioner is involved in two other cases of similar nature.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Nirajkrs/- U T