Srikant Rai @ Mukul Rai@ Vicky @ Srikant Kumar @ Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49357 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- NAGAR District- Vaishali ====================================================== SRIKANT RAI @ MUKUL RAI@ VICKY @ SRIKANT KUMAR @ MUKUL KUMAR SON OF ANIL RAY RESIDENT OF VILLAGE - DHIGHI KALA PURVI, PS- SADAR HAJIPUR, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 396 of the Indian Penal Code.

3. As per prosecution case, two miscreants are alleged to have committed loot in the jewellery shop of the informant on the point of pistol after assaulting the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.49357 of 2023(2) dt.11-08-2023 2/2 statement of co-accused Arshad Khan, which has got no evidentiary value in the eyes of law. 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 a Co-ordinate Bench vide order dated 19.04.2023 passed in Cr. Misc. No. 495 of 2023 .He is languishing in judicial custody since 23.08.2022.

5. The application for bail is opposed by learned APP for the State.

6. 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 below in connection with Nagar P.S. Case No. 470 of 2022.

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