Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33960 of 2022 Arising Out of PS. Case No.-509 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Vishal Kumar S/o Yogendra Yadav @ Yogendra Rai R/o village- Akuri, P.S.- Paliganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Phulwarisharif (Janipur) P.S. Case No.509 of 2020 registered for the offence punishable under Section 395 of the Indian Penal Code.
Allegedly, the informant's pickup vehicle Bolero was looted by four to five miscreants.
The main submissions advanced by the learned counsel Mr. Satish Chandra for the petitioner are that the petitioner has been remanded in this case from Dulhin Bazar P.S
Patna High Court CR. MISC. No.33960 of 2022(2) dt.08-09-2022 2/3 Case. No.295 of 2018, the alleged looted vehicle was recovered near Akuri Petrol Pump in abandoned condition and petitioner is not alleged to have been found in the possession of the said looted vehicle at that time of recovery, he has been languishing in jail since 06.04.2021 and similarly situated co-accused persons namely Nitish Kumar, Prakash Chandra Upadhyay and Pardeshi Kumar have been granted regular bail by different benches of this Court vide orders passed in Cr. Misc. No.44757 of 2021 and Cr. Misc. No.50183 of 2021, respectively. Further submission is that against the petitioner there is criminal antecedents of six cases and he is on bail in all the said cases and co-accused persons who have been granted bail are also carrying criminal antecedents of several cases, hence the petitioner's case stands on similar footing with co-accused persons.
Learned APP Mr. Dinesh Singh appearing for the State has opposed the bail prayer.
In view of the above submissions and considering the petitioner's custody period and mainly the facts that the alleged looted vehicle is not stated to have been recovered from the possession of this petitioner who was remanded in the instant case from another case and similarly situated co-accused
Patna High Court CR. MISC. No.33960 of 2022(2) dt.08-09-2022 3/3 persons have been granted bail, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Phulwarisharif (Janipur) P.S. Case No.509 of 2020.
(Shailendra Singh, J.) sangam/- U T