Vibhishan Kumar @ Bibhisan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42715 of 2023 Arising Out of PS. Case No.-255 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Vibhishan Kumar @ Bibhisan Kumar, Son Of Gourishankar Singh @ Gauri Shankar Singh Resident Of Village- Kishanpura, Ps- Basantpur, Distt- Siwan ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Shukla- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 16.07.2019, when he along with his family members were returning by their motorcycle, when they were intercepted by four car borne criminals, who looted the ATM Card, mobile, key of the motorcycle along with Rs.5,000/- on point of knife.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.42715 of 2023(2) dt.11-08-2023 2/2 next submitted that the F.I.R. was against unknown and his name transpired in the confessional statement of co-accused Irfan Alam in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Mahendra Mishra, the learned J. M., 1st Class, Gopalganj in connection with Barauli P. S. Case No.255 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely, Gourishankar Singh @ Gauri Shankar Singh

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T