Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49241 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- LAHERI District- Nalanda ====================================================== VIKASH KUMAR S/o Jawahar Prasad @ Jagdish Mahto R/o VillageDewariya, P.S.- Ben, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.
The petitioner seeks bail in Laheri P.S. case No. 442/2018 registered under Section 392 of the IPC. The informant, Shahi Bhushan Kumar, alleged that on 29.12.2018 three criminal entered into his house and committed robbery of Rs. 2.50 lacs and ornaments.
The learned counsel for the petitioner submits that the petitioner is not named in the FIR. During the course of investigation the petitioner was arrested in Laheri P.S. case No. 3 of 2019 on 02.01.2019. The police alleged that some looted money of the present case was recovered from the possession of the petitioner but neither the looted money nor the petitioner was put on T.I. parade. Save and confessional statement of coaccused there is no tangible material showing involvement of
Patna High Court CR. MISC. No.49241 of 2019(4) dt.20-11-2019 2/2 the petitioner in the alleged crime of robbery. The police recorded confessional statement of the petitioner and other accused persons and submitted charge sheet.
Taking into consideration the facts that the petitioner is not named in the FIR, the petitioner was arrested on 02.01.2019 in another case and some looted money of the present case is said to have been recovered but neither the petitioner nor the looted money was put on T.I. parade and the petitioner is in custody in the present case since 04.05.2019, the petitioner, above named is directed to be enlarged on bail on his 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, Nalanda at Biharsharif in connection with Laheri P.S. case No. 442/2018. (Prabhat Kumar Jha, J) BKS/- U T