Vickey Sah @ Vikki Sah @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35423 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== VICKEY SAH @ VIKKI SAH @ VIKKI KUMAR Son of Chandra Shekhar Sah @ Chandra Sekhar Sah R/o vill - Gopalpur, P.S. - Cheriya Bariyarpur, Distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

It is a case of dacoity. Two miscreants entered into the jewellary shop of the informant and on pistol point, they have looted the ornaments and several mobile phones and fled away by motorcycle.

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 FIR not put on TIP. Due to previous enmity, co-accused Ravi Kumar @ Sunny took the name of the petitioner as one of his associates before the police, which has no evidentiary value in the eye of law. Thereafter,

Patna High Court CR. MISC. No.35423 of 2023(3) dt.03-08-2023 2/2 police raided the jewellary shop of petitioner's father running in the name of Sanju Jwellers. There was no specific mark of identification of looted ornaments so no one can claim the ornaments recovered from the shop of the petitioner is looted property. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMII, Samastipur in connection with Samastipur Mufassil PS Case No. 576 of 2022.

(Sunil Kumar Panwar, J) lata/- U