Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6571 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Vijay Kumar, Son of Ram Briksha Singh, Resident of village - Nawada Khard, P.S. Ganga Bridge District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2017 Heard both sides.

The petitioner seeks bail in Vaishali P.S. case No. 150 of 2016 under Section 395, 412 of the Indian Penal Code. The informant alleged that he was carrying articles of Imami company on his TATA 407 vehicle bearing registration No. BR06G-3421 but when he reached within the jurisdiction of Vaishali P.S. one Bolero jeep came in front of his vehicle, dragged him and took away the vehicle loaded with articles. The learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of Raj Kumar Sah and Krishna Sah and from their possession looted articles were recovered. It is submitted that Krishna Sah has been granted bail

Patna High Court Cr.Misc. No.6571 of 2017 (4) dt.07-04-2017 2/2 by a bench of this court vide order passed in Cr. Misc. No. 40679 of 2016 and Raj Kumar Sah has also been granted bail vide order passed in Cr. Misc. No. 50671 of 2016. The case of petitioner stands on better footing as no looted article was not recovered from the possession of the petitioner nor the petitioner was put on T. I. parade. Save and except the fact that name of petitioner was figured in the case in the confessional statement of co-accused Krishna Sah and Raj Kumar Sah, who have already been granted bail, there is no material against the petitioner. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S. Case No. 150 of 2016. (Prabhat Kumar Jha, J) BKS/- U T