Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55213 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Vicky Kumar, Son of Kundan Dom, Resident of Village - Shastri Nagar Jhoparpatti, P.S. - Shastri Nagar, District - Patna (Bihar) .... .... 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. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.06.2015 in connection with Nawada (Nagar) P.S. Case No. 394/15 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120-B, 200, 198, 205, 34 of the Indian Penal Code.

The prosecution case is that in Warsaliganj P.S. Case No. 195/14 under Section 419 and other allied Sections of the Indian Penal Code, the petitioner impersonating the accused Shankar Kumar @ Shankar Sonar surrendered in the court and as soon as the same came to light, the present First Information Report has

Patna High Court Cr.Misc. No.55213 of 2016 (2) dt.22-12-2016 2/3 been lodged.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that he is a poor person and on the instigation of one lawyer and accused Shankar Kumar @ Shankar Sona he surrendered in the name of Shankar Kumar @ Shankar Sonar. It is submitted that the said Shankar Kumar has surrendered on 20.07.2015 and has since been granted bail by a Coordinate Bench of this court in Cr. Misc. No. 38028 of 2016 on 21.11.2016 after remaining in custody for more than one year and four months and the petitioner is in custody much before the said co-accused. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and submission of the parties, since another co-accused has since been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court Cr.Misc. No.55213 of 2016 (2) dt.22-12-2016 3/3 Nawada in connection with Nawada (Nagar) P.S. Case No. 394/15.

(Nilu Agrawal, J.) Rajesh/- U T