Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54686 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== VISHAL KUMAR S/O KAMLA SHARMA R/O VILLAGE- MAIRWA TOLA SAKRA, PS- MAIRWA, DIST- SIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 394 of the Indian Penal Code.
3. As per prosecution case, four unknown miscreants came on Innova vehicle without registration number and surrounded the informant's vehicle and after got down him fled away taking his Scorpio vehicle, one laptop along with his mobile phone.
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
Patna High Court CR. MISC. No.54686 of 2023(2) dt.29-08-2023 2/2 of the petitioner has come into light, on the basis of confessional statement of Chhotu Manjhi, which has got no evidentiary value in the eyes of law. Nothing incriminating articles have been recovered from the conscious possession of the petitioner rather the as alleged looted scorpion has been recovered near the house of other co-accused. No T.I. Parade has been done. He is languishing in judicial custody since 11.05.2023.
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 Manjhagarh P.S. Case No. 23 of 2023.
(Sunil Kumar Panwar, J) arish/- U