Vivek Kumar @ Vivek Kumar Ram @ Vivek Devraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44318 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== VIVEK KUMAR @ VIVEK KUMAR RAM @ VIVEK DEVRAJ SON OF NAVIN KUMAR DAS RESIDENT OF VILLAGE- KHAIR KHAN, P..SFARBISGANJ, DISTRICT- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Farbisganj P.S. Case No. 6 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown persons having intercepted the informant and snatched a sum of Rs. 20,000/-.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The petitioner is stated to have been remanded in

Patna High Court CR. MISC. No.44318 of 2022(2) dt.23-01-2023 2/3 the present case on 13.04.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in five other cases but he is on bail in two of them. The learned counsel for the petitioner has also submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any looted cash amount has been recovered from the petitioner, hence the petitioner is having no complicity in the matter.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime nor any cash amount has been recovered from him, I deem it fit and proper

Patna High Court CR. MISC. No.44318 of 2022(2) dt.23-01-2023 3/3 to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Farbisganj P.S. Case No. 6 of 2022. (Mohit Kumar Shah, J) S.Sb/Saurav U T