Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63884 of 2022 Arising Out of PS. Case No.-303 Year-2022 Thana- DIGHWARA District- Saran ====================================================== VICKY KUMAR S/O Haresh Rai R/O Village- Rampur Bathani, P.S- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 412 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

As per prosecution story, three persons boarded on a motorcycle and came at the shop of informant. On pistol point, they looted 50,000/- from the shop of informant and tried to flee away. Two accused were managed to flee away but one of them namely Ritesh Kumar was apprehended by people who disclosed the name of the petitioner. It is further alleged that one country made pistol and looted mobile phones were recovered from possession of co-accused.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63884 of 2022(2) dt.21-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in the case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name came into light on the basis of confession made by co-accused Ritesh Kumar, who was arrested on spot. It is further submitted that petition has not been put on TI Parade. He has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 6.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dighwara P.S. Case No. 303 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2, Saran at Chhapra. (Sunil Kumar Panwar, J) Amandeep/- U T