Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43702 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== VICKY KUMAR S/O SONE LAL SAH R/O MOHALLA-SIMLI NAWABGANJ, BUNDEL TOLI, P.S. MALSALAMI, DISTRICT-PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vindhya Keshri Kumar Singh, Sr Adv Mr. Raj Krishan Jha, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Vindhya Keshri Kumar Singh, learned senior counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Ram Krishnanagar Police Station Case No. 235 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that while the informant was going to deposit the sale proceeds of his petrol pump in the bank, he was accosted by three persons on a motorcycle and one of them fired upon the informant and looted away a sum of Rs. 6,86,300/-. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43702 of 2021(2) dt.04-02-2022 2/3 petitioner has not committed any offence in the manner alleged and he has been implicated in this case on the basis of the confessional statements of co-accused Karan Kumar and Anand Kumar Mahto. He further submits that no Test Identification Parade has been conducted by the police as yet and Anand Kumar Mahto has been granted bail by a Co-ordinate Bench of this Court vide Criminal Misc. No. 14843 of 2021. One another similarly situated co-accused, namely, Prabhakar Kumar has been granted bail by this Court vide Cr. Misc. No. 38857/2021. He further submits that no incriminating material and/or looted article has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 26.11.
2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that co-accused persons have been granted bail by this Court, charge sheet has already been submitted, no incriminating material and/or looted article has been recovered from the possession of the petitioner and the petitioner is in custody since 26.11.
Patna High Court CR. MISC. No.43702 of 2021(2) dt.04-02-2022 3/3 to grant regular bail to the petitioner.
Accordingly, let the petitioner, VICKY KUMAR, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXIV, Patna in connection with Ram Krishna Nagar PS Case No.235 of 2020 (Sessions Trial No. 311/2021), subject to the condition that the petitioner shall present himself before the trial court as and when required and in the event of failure on his part on two consecutive occasions his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) perwez U T