Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71545 of 2023 Arising Out of PS. Case No.-521 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== 1.
Vikash Kumar, Son of Visheshwar Paswan, Resident of Village- Bajitpur P.S.- Nagarnausa, District- Nalanda 2.
Shambhu Kumar @ Chhotu Kumar, Son of Raj Kishore Pandey, R/oMadarpur, P.S.- Nagarnausa (Hilsa), District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate Mr. Gautam Shah, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Sessions Trial no. 446 of 2022 (arising out of Jakkanpur P.S. Case no. 521 of 2021), registered under section 392 of the Indian Penal Code.
3. As per the prosecution case, the informant's vehicle containing refined oil was overtaken by the four accused persons including the two petitioners herein. On the point of pistol, the informant was dispossessed of his vehicle and the goods that he was carrying on the same.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.71545 of 2023(2) dt.09-11-2023 2/3 F.I.R was registered against four unknown accused persons. The name of the petitioners transpired in the statement of co-accused Amit Kumar who has himself been enlarged on bail vide order dated 2.1.2023 passed in Cr. Misc. no. 23196 of 2022. No incriminating article has been recovered from the petitioners' possession and in spite of being in custody since 18.5.2023 the petitioners have not been put on T.I. Parade and charge-sheet has been submitted in the case. The trial has commenced in the learned trial Court and the petitioners undertake to cooperate in the trial.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, grant of bail to co-accused Amit Kumar on whose confessional statement the name of the petitioners transpired and no incriminating article having been recovered from the petitioners' possession, both the petitioners are directed to be enlarged on bail in connection with Sessions Trial no. 446 of 2022 (arising out of Jakkanpur P.S. Case no. 521 of 2021) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71545 of 2023(2) dt.09-11-2023 3/3 satisfaction of the learned Additional Sessions Judge XXIX, Patna.
(Partha Sarthy, J) avinash/- U T