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Patna High CourtCR. MISC./54563/2021bail granted

Vishal Kumar Kushwaha v. The State Of Bihar

2022-04-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54563 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== VISHAL KUMAR KUSHWAHA SON OF BABULAL SINGH KUSHWAHA @ BABULAL SINGH R/O VILLAGE- BAGHEJI, P.S.- BARAULI, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, three accused persons on the point of knife robbed the informant of Rs. 5,000/- in cash, ATM card besides other articles as described in the FIR. It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown. Referring to the order of the learned trial court, it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of a spy made before the police. Further the prosecution is relying on the confessional statement of a co-

Patna High Court CR. MISC. No.54563 of 2021(2) dt.05-04-2022 2/2 accused and the alleged recovery of some stolen articles from the possession of the petitioner which is absolutely false and concocted. Inspite of the petitioner being in custody since 19.1.2021, he has not been put on T.I. parade. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 1 year and not having been put on T.I. parade, the petitioner is directed to be enlarged on bail in connection with Sidhwalia P.S. Case no. 14 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj. (Partha Sarthy, J) Spd/- U T