Vikash Kumar Gupta @ Vikash Kumar @ Vikash Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68994 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Vikash Kumar Gupta @ Vikash Kumar @ Vikash Lal S/o Govindra Sah @ Govinda Prasad Sah R/o Kevadhi, P.S.- Kudra, District- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2022 Heard.

The petitioner seeks regular bail in connection with Shastrinagar P.S. Case No. 67 of 2021, registered for the offence punishable under section 392 of the Indian Penal Code. The allegation is regarding three unknown miscreants riding on a motorcycle having dashed the informant from behind, who was also travelling on a motorcycle, whereupon the informant had fallen down and then the said miscreants had fled away with the wallet, mobile phone and the motorcycle of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 20.07.2021. The learned counsel for the petitioner has referred to paragraph No. 3 of the present petition to submit that only after the petitioner was arrested in connection with Patliputra P.S. Case No. 154 of 2021, he has been falsely implicated in the present case as also in two other cases. It is

Patna High Court CR. MISC. No.68994 of 2021(2) dt.09-05-2022 2/2 also submitted that no looted articles/ motorcycle has been recovered from the petitioner.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioner has been remanded in the present case after he was arrested in one other case and moreover, no Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime apart from the fact that no looted articles/ motorcycles have been recovered from the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional Chief Judicial Magistrate, Patna in connection with Shastrinagar P.S. Case No. 67 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T