Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69125 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- TETERHAT District- Lakhisarai ====================================================== Vivek Kumar Son Of Pradeep Yadav Resident Of Village Akrama, PsChawara, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 section 392 of the Indian Penal Code.
3. Allegation against unknown miscreants is that they came on motorcycle and snatched Rs. 4300/- cash along with his mobile on the point of pistol.
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 confessional statement of other co-accused, namely, Nitish Kumar before the police which has got no evidentiary value in
Patna High Court CR. MISC. No.69125 of 2023(2) dt.01-11-2023 2/2 the eye of law. Neither any looted article has been recovered from his conscious possession nor he has been put on TIP as yet. Moreover, he is languishing in judicial custody since 29.05.2023.
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 Tetarhat P.S. Case No. 49 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) lata/- U T