Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53660 of 2022 Arising Out of PS. Case No.-379 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== VICKY KUMAR Son of Sunil Kumar Singh Resident of Village - Chailabhar, P.s.- Majhauliya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, on 23.5.2022 at about 6:00 PM, three miscreants armed with weapons entered in the office of Fino Airtel Payment Bank and looted cash of Rs. 3,04,000/-. It is further alleged that the miscreants also broke LCD camera and other articles thereafter this case has been lodged against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. Neither the petitioner named in FIR nor any

Patna High Court CR. MISC. No.53660 of 2022(3) dt.15-02-2023 2/3 incriminating article has been recovered from his conscious possession which shows his complicity in this offence. The name of the petitioner came into light on the basis of confession made by co-accused namely, Rohit Kumar Jaiswal. Except this, there is no consistent material against the petitioner. Moreover, similarly situated co-accused namely, Manish Kumar has already been granted bail by a coordinate bench of this court vide order dated 16.12.2022 in Cr. Misc. No. 54219 of 2022. The petitioner is languishing in judicial custody since 14.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town P.S. Case No. 379 of 2022 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, Bettiah at West Champaran.

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

Patna High Court CR. MISC. No.53660 of 2022(3) dt.15-02-2023 3/3