Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40289 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== VISHAL KUMAR, Son of Aashnarayan Ray Resident of Village - Karariya, P.S.- Gopalganj, Distt.- Goopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2021 Heard Mr. Vyas Kumar Mishra, learned Counsel for the petitioner and Ms. Anita Kumari Singh, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Yadopur Police Station Case No. 128 of 2019, disclosing offences under Sections 392 and 411 of the Indian Penal Code. The allegation, as per the First Information Report is that the informant was intercepted by three persons riding on motorcycle and on the gun point, all the accused persons snatched the mobile phone, Rs.350/- and other articles, like Aadhar Card etc. from the informant.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and his name has transpired on the basis of confessional statement made by the co-accused, Abhishek Kumar @ Abhishek Kumar Singh, who

Patna High Court CR. MISC. No.40289 of 2020(2) dt.26-02-2021 2/2 has been granted bail by a Coordinate Bench of this Court vide order dated 05.06.2020 passed in Cr. Misc. No.12634 of 2020. Learned counsel next submits that in the confessional statement, co-accused has merely stated that mobile phone snatched by him, has been sold in favour of the petitioner. Learned counsel further submits that petitioner was not aware about the mobile phone being stolen one. Learned counsel next submits that the petitioner is in custody since 21.09.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 21.09.2020 and the co-accused, on whose confessional statement, his name has transpired, has been granted bail by a coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Vishal Kumar, 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 Additional District and Sessions Judge-2nd, Gopalganj, in connection with Yadopur Police Station Case No. 128 of 2019. sanjeev/- (Anil Kumar Sinha, J.) U T