Vishal Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68450 of 2018 Arising Out of PS. Case No.-37 Year-2015 Thana- BRAHMPURA District- Muzaffarpur ======================================================

1. Vishal Kumar, Son of Ajay Sahni,

2. Bijendra Kumar Son of Pappu Sahni, Both of Resident of Village-Bishunpur, Pandey, P.S.-Meenpur(Panapur O.P.) DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 419, 420, 467, 468/471 and 120 B of the Indian Penal Code.

Although, petitioners are named in the first information report but the written report of informant does not make it clear as to how the name of petitioners came in this case. However, the impugned order goes to show that in course of investigation, the apprehended co-accused disclosed the name of petitioners and also stated their involvement in the present case.

Patna High Court Cr.Misc. No.68450 of 2018(2) dt.17-12-2018 2/2 Submission on behalf of the petitioners is that petitioners have falsely been implicated and as a matter of fact, nothing has been recovered either from their possession or from their house and except the so-called confessional statement of co-accused there is nothing against the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioners do not have any criminal antecedent, let petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 14th, Muzaffarpur in Brahmapura P.S. Case No. 37 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T