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Patna High CourtCR. MISC./69687/2023allowed

Vijendra Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69687 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== VIJENDRA KUMAR SON OF LATE RAJENDRA SAO @ LATE RAJENDRA PRASAD R/O VILLAGE- NIYAMATPUR, P.S.- MAHKAR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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, 397, 307 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that on 9.2.2023, six unknwon persons forcibly entered in the Polycab India Ltd company and looted 250 kg nut-bold, 10 drum of AB cable wire. During course of this, the accused persons assaulted the gunman and gate-man of said company.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.69687 of 2023(2) dt.03-11-2023 2/2 this case on the basis of confessional statement of co-accused Jaiky Prasad Yadav before police. Neither the petitioner was put on TI Parade nor any incriminating or looted article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 10.5.2022.

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 Akbarpur P.S. Case No. 62 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 C.J.M., Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T