Vivek Kumar Singh @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63877 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Vivek Kumar Singh @ Vivek Kumar Son Of Ravindra Singh VillageSahdulepur Ps- Hussainganj Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devashish Giri For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 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 sections 395 and 412 of the Indian Penal Code.
3. As per prosecution case, informant along with codriver loaded the milk from Parsauni Milk, Production Cooperative committee and proceeded for Gopalganj and as soon as they proceeded for Parsauni Canal Road to Turkaha Road and reached in the village Parsama on the canal road, then, six miscreants came on apache motorcycle and pulsar motorcycle intercepted the informant's bolero pick up vehicle. It is further alleged that miscreants entered the bolero pick up vehicle and
Patna High Court CR. MISC. No.63877 of 2023(3) dt.03-01-2024 2/3 on the point of pistol and knife took away bolero pick up, snatched mobiles phones and fled from there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He 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 statement made by co-accused Ravi Kumar before the police who has already been granted bail by another co-ordinate Bench of this Court vide order dated 17.10.2023 in Cr. Misc. No. 67210 of 2023. Nothing incriminating article has been recovered from the conscious possession of the petitioner and also has not been put on TIP as yet. No any cogent material has come against him. Moreover, he is languishing in judicial custody since 12.05.2023.
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 Gopalganj Town P.S. Case No. 332 of 2023 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.63877 of 2023(3) dt.03-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T