Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49739 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- GURUA District- Gaya ====================================================== VIKASH KUMAR, Son of Late Ram Pati Ravidas, Resident of Village - Bajidchak, P.S.- Gurua, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks bail in connection with Gurua P.S. Case No. 72 of 2022 for the offence registered under Sections 379 of the Indian Penal Code.

As per prosecution case, two unknown persons hired the tempo of the informant and when they were on the way they have taken away the tempo of the informant alongwith his mobile phone when he got down from his tempo for attending the call of nature. Later on the said tempo recovered by police from Gaya Railway tempo stand where petitioner was also

Patna High Court CR. MISC. No.49739 of 2022(2) dt.13-12-2022 2/2 found and was arrested.

Learned counsel for the petitioner submits that petitioner is innocent having clean antecedent and has falsely been implicated in the present case. There is delay of about six days in lodging the FIR without any plausible reason. He further submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner never put on Test Identification Parade. Petitioner is in custody since 17.04.2022. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstance of the case, let the petitioner, above named, 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 ACJM, Sherghati at Gaya in connection with Gurua P.S. Case No. 72 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T