Vikram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63 of 2022 Arising Out of PS. Case No.-123 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Vikram Kumar Singh, Son Of Dablu Singh @ Mahesh Singh, R/O-VillageDharampur P.S. Mohiuddin Nagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-11-2022 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.

In the present case, the petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 123 of 2020 registered for the alleged offences under Sections 382 and 34 of the Indian Penal Code.

As per prosecution case, three unknown miscreants snatched the bag of the informant containing Rs.99830/-, one tablet, one biometric machine and cash receipts. The name of the petitioner transpired as an accused during investigation. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63 of 2022(5) dt.15-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Except for suspicion, there is nothing against this petitioner who has been made accused on the basis of secret information of the police. His confession was forcibly extracted by the police under its high-handedness. Except for confession and suspicion no cogent material is available on record to support the accusation against the petitioner. The petitioner is in custody since 07.12.2020 and the charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the name of the petitioner transpired in his confessional statement. Learned APP further submits that the petitioner is a habitual offender and having a number of case pending against him.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and also considering the period of custody of the petitioner along with 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

Patna High Court CR. MISC. No.63 of 2022(5) dt.15-11-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with Mohiuddinagar P.S. Case No. 123 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the 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) balmukund/- U T