Vikash Kumar Singh @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62989 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== Vikash Kumar Singh @ Vikash Singh Son Of Harinder Prasad Singh @ Late Harendra Prasad Singh Resident Of Village- Narar West Tol, Ps- Kaluahi, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per prosecution case, three unknown miscreants boarded on a motorcycle dashed the informant's motorcycle due to that informant fell down on the road and all the miscreants snatched Rs. 7 lakhs kept in the informant's bag.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.62989 of 2023(2) dt.05-10-2023 2/3 has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused person before the police which has got no evidentiary value in the eye of law. Nothing incriminating or looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. During investigation, no any independent witness has supported the prosecution version. Similarly situated other co-accused persons have already been granted bail by the co-ordinate Benches of this Court vide order dated 24.05.2023 in Cr. Misc. No. 26072 of 2023 and order dated 04.07.2023 in Cr. Misc. No. 19387 of 2023. Moreover, the petitioner is languishing in judicial custody since 26.05.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kaluahi P.S. Case No. 21 of 2022 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.62989 of 2023(2) dt.05-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhubani. (Sunil Kumar Panwar, J) shubham/- U T