Vicky Kumar @ B.K. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1614 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== VICKY KUMAR @ B.K. Son of Late Sushil Paswan Resident of VillagePokhariya, Jhoparpatti, Ward No.07, P.S.- Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Town P.S. Case No. 208 of 2021 registered for the offence under Sections 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 18.06.2021.

The allegation against the petitioner is to commit robbery and while committing so, taken away cash of Rs. 80,000/- and other valuable documents of the informant. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of

Patna High Court CR. MISC. No.1614 of 2022(3) dt.31-08-2022 2/3 self confession, while apprehended in Begusarai Town P.S. Case No. 308 of 2021. It is also submitted that in furtherance of said self confession nothing incriminating recovered/surfaced during course of investigation to connect this petitioner, prima-facie, with the present set of robbery. It is also submitted that petitioner was not put up on TIP. It is also submitted that nothing surfaced from alleged CCTV footage to connect the petitioner with the present set of robbery. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing incriminating recovered/surfaced during course of investigation to connect the petitioner, prima-facie, with the present set of robbery coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Town P.S. Case No.208 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.1614 of 2022(3) dt.31-08-2022 3/3 Class, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T