Rahul Kumar @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24906 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- MANJHI District- Saran ====================================================== RAHUL KUMAR @ VICKY Son of Late Vijay Prasad Resident of MohallaMauna Chowk, P.S.- Chapra Towan, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Manjhi P.S. Case No.01 of 2020 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 29.03.2022.

The allegation against the petitioner is to commit robbery and while committing so, taken away amount of Rs. 99,000/-, two ATM Card of SBI, one black coloured purse and two mobile phones from informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.24906 of 2020(6) dt.16-08-2022 2/3 submitted that name of the petitioner surfaced on the basis of self confession, while apprehending in Bhagwan Bazar P.S. Case No.34 of 2020. It is also submitted that in furtherance thereof no incriminating material recovered/surfaced during course of investigation, which may connect the petitioner prima-facie, with the present set of robbery. It is also submitted that this petitioner was never put on TIP. It is also submitted that the petitioner involved in 05 criminal cases, wherein, he is on bail and in most of the cases, his name was surfaced on the basis of confessional statement of co-accused, as of present case. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that save and except self confession, nothing surfaced against this petitioner.

Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced during course of investigation in furtherance of self confession, which may connect the petitioner, prima-facie, with the present set of robbery coupled with the fact that charge-sheet has already been

Patna High Court CR. MISC. No.24906 of 2020(6) dt.16-08-2022 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Manjhi P.S. Case No.01 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 A.C.J.M.-XIVth, Saran at Chapra/concerned court, subject to the conditions as mentioned in Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T