Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42106 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- BALIYA District- Begusarai ====================================================== VICKY KUMAR Son of Dinesh Sharma R/o Vill.- Manopur, P.S.- Bhagwanpur, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

The allegation against the petitioner along with other is said to have overtaken the informant's pick-up van and looted it, Bearing No. WB37E-2097, which was loaded with Cauliflowers.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Krishna Kumar @ Sardar @ Krishna Kumar Choudhary, which

Patna High Court CR. MISC. No. 42106 of 2023(2) dt.14-07-2023 2/2 has got no evidentiary value in the eyes of law. in other case and remanded in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 01.05.2023 passed in Cr. Misc. No. 75076 of 2022. He is languishing in judicial custody since 25.11.2022.

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 as well as period of custody, 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 Court concerned in connection with Baliya P.S. Case No. 219 of 2022.

(Sunil Kumar Panwar, J) arish/- U T