Vikas Sah @ Vikas Raj @ Vikas Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37680 of 2021 Arising Out of PS. Case No.-40 Year-2017 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== VIKAS SAH @ VIKAS RAJ @ VIKAS SAW Son of Jagdish Sah Resident of Village- Nayagaon, P.S.- Kotwali, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Medini Chowki P.S. Case no. 40 of 2017 dated 09. 06.2017 registered for the offence punishable under section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 12.02.2021 and is person with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner submits that the informant in the FIR alleges that he had purchased a car (Tata Indigo) and had given to OLA. Further on 8.9.2017 car was hired by a person for going to Lakhisarai and the informant was asked to bring an officer from airport, accordingly, informant reached airport and took the person who hired the car along with another person

Patna High Court CR. MISC. No.37680 of 2021(2) dt.08-12-2021 2/3 both aged about 30-35 years, further at 9.30 p.m., they reached Lakhisarai and purchased three Littis and gave it to the informant also, thereafter, it is alleged that at about 12 they gave Maza to the informant to drink and it is alleged that after drinking Maza informant started becoming unconscious and in a delirious state saw that one person started driving car, thereafter it is alleged that petitioner regained consciousness, he found himself tied and the accused had fled away with car.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that admittedly, all three accused persons were sitting in the car with the informant as such informant was knowing them as two of the accused had boarded from Lakhisarai to Patna and another accused sat in the car at Lakhisarai. Learned counsel submits that FIR was against unknown and name of this petitioner transpired during course of investigation as mobile of the informant was found in his possession. Learned counsel submits that if the petitioner had committed the offence he would never kept the mobile of the informant with himself rather he had purchased the said mobile without knowing that it was a stolen mobile. Learned counsel submits that petitioner has been arrested on 12.02.

Patna High Court CR. MISC. No.37680 of 2021(2) dt.08-12-2021 3/3 parade, it is submitted that had petitioner been put on TI parade, the informant could have identified whether petitioner was person or not who had accompanied him in the car. Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody and till date he has not been put on TI parade, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate II, Lakhisarai in Medini Chowki P.S. Case no. 40 of 2017. (Satyavrat Verma, J) s.hassan/- U T