Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68874 of 2022 Arising Out of PS. Case No.-406 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Vishal Kumar Son Of Jaga Sah Resident Of Village- Bijbani, P.S.- Jitna, District- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ghorasahan P.S. Case No. 406 of 2022 registered under section 392 of the Indian Penal Code, in which Chargesheet has been submitted under Sections 395 and 412 of the IPC and Sections 25(1-b), 26 and 35 of the Arms Act.

Prosecution case in short is that two unknown miscreants wearing helmet and mask entered into the office of Bharat Finance company and on pistol point, they robbed 10,53,425/- and locked the informant and assistant manager in a room and thereafter fled away by their motorcycle.

Patna High Court CR. MISC. No.68874 of 2022(2) dt.27-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of disclosure made by Spy. It is further submitted from para-7 of this petition that the only material against the petitioner is his self confessional statement before the police which has got no evidentiary value in the eyes of law. Nothing stolen article or cash has been recovered from his conscious possession nor he has been put on T.I.P. A statement has been made in para-3 of this petition that he has got no criminal antecedent. He is languishing in judicial custody since 09.08.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case No. 406 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.68874 of 2022(2) dt.27-02-2023 3/3 learned Additional Chief Judicial Magistrate-III, Dhaka, East Champaran at Motihari.

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