Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58187 of 2025 Arising Out of PS. Case No.-198 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Vivek Kumar S/O Ramesh Rai @ Ramesh Ray Resident Of Village - Baswariya, P.S.- Ghorasahan, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 198 of 2022, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that three unknown miscreants have looted bag of the informant containing Rs. 4,75,000/- on the point of pistol and fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.58187 of 2025(3) dt.30-08-2025 2/2 also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Radha Mohan Rai and the same has got no evidentiary value. It is further submitted that no any looted articles have been recovered from the possession of the petitioner. The petitioner is in custody since 14.08.2024 and has got ten criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. Case No. 198 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T