Vimlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71029 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- RAMGARH District- Lakhisarai ====================================================== Vimlesh Kumar, aged about 24 years (M), Son of Karu Prasad @ Karu Ram R/O-Village- Jamalpur Bigha, P. S. - Sheikhpura, District- Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ramgarh Chowk P.S. Case No. 85 of 2024 dated 18.06.2024 registered for the offences punishable under Sections 395 and 120B read with Section 34 of the I.P.C.

3. As per the prosecution case, on 17.06.2024 at about 2.40 P.M., at Sisma Bridge, five unknown miscreants riding on two motorcycles overtook the motorcycle of the informant and on the point of pistol, snatched away the bag containing Rs. 5,37,641/- and ran way towards Ramgarh Chowk.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.71029 of 2024(3) dt.03-03-2025 2/3 this case. It is submitted that the petitioner is not named in the F.I.R. It is submitted that the alleged occurrence took place on 17.06.2024 as to when the F.I.R. has been lodged on 18.06.2024 and the delay in lodging of the F.I.R. has not been explained by the prosecution. It is submitted that during the investigation on the basis of spy, the house of Balmiki Mahto was raided and Rs. 4,30,000/- was recovered from the different persons including the petitioner. The petitioner has no concern with the accused Balmiki Mahto. It is further submitted that so far as Rs. 95,000/- is concerned, which was recovered from the petitioner which belongs to him. He has not been put on T.I. Parade. No incriminating article has been recovered from his possession.

It is further submitted that during investigation, police took signature of the petitioner on a plain paper and later on he used as his confessional statement. It is further submitted that save and except extra judicial confession of the petitioner there is no other substantive evidence to suggest the implication of the petitioner in the present case. The charge sheet has been submitted against the petitioner and others. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 20.06.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.71029 of 2024(3) dt.03-03-2025 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Ramgarh Chowk P.S. Case No. 85 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T