Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37622 of 2023 Arising Out of PS. Case No.-265 Year-2021 Thana- JADIA District- Supaul ====================================================== Vikash Kumar Son Of Lalan Yadav Resident Of Village - Damgara Ward No.06, Shripur Tola, P.S. - Shankarpur, District - Madhepura. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Mishra, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 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 Jadiya P.S. Case No. 265 of 2021 registered for the offence under Section 392 of the Indian Penal Code, 1860.

The accused/petitioner is not named in the F.I.R. and is in custody since 06.06.2022.

The allegation against the petitioner is to commit robbery alognwith other co-accused persons, while committing so taken away cash of Rs. 27,400/- belongs to informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.37622 of 2023(2) dt.12-07-2023 2/3 submitted that the name of petitioner surfaced on the basis of self confession of this petitioner while apprehended in Shankarpur P.S. Case No. 17 of 2022. It is submitted that no incriminating material recovered/surfaced in furtherance of said self confession to connect petitioner with the present occurrence of robbery. Petitioner not put on TIP. It is submitted that subsequent to this case petitioner remanded in six more criminal cases, without having any connecting material as of present case. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as save and except self confession, no incriminating material recovered/surfaced from petitioner to connect him prima facie with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.06.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Jadiya P.S. Case No. 265 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.37622 of 2023(2) dt.12-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T