Vikash Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68875 of 2021 Arising Out of PS. Case No.-509 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== VIKASH KUMAR @ AMIT KUMAR Son of Girja Singh @ Ram Babu Singh Resident of Hanuman Nagar, Kachuara, P.S.- Bahadurpur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 509 of 2021 registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, three unknown miscreants threatened the informant with pistol and knife and snatched his mobile phone, Rs. 6400/- and a gold chain with locket. After ten minutes, the informant called his hostel mates who started

Patna High Court CR. MISC. No.68875 of 2021(3) dt.21-09-2022 2/3 searching for miscreants and this petitioner was apprehended by them and the informant identified him as the person who put a knife on his stomach while committing the robbery. Learned counsel for the petitioner submits that nothing incriminating has been recovered from this petitioner who is innocent and has been falsely implicated in this case on suspicion. Charge sheet has been submitted in this case and the petitioner is in custody since 13.08.2021.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner is a habitual offender. He further submits that the petitioner along with coaccused persons threatened the informant and committed loot with him.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the period of the custody of this petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Patna City in connection with Alamganj P.S. Case No. 509 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the

Patna High Court CR. MISC. No.68875 of 2021(3) dt.21-09-2022 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T