Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65031 of 2019 Arising Out of PS. Case No.-404 Year-2019 Thana- KOTWALI District- Patna ====================================================== VIKASH KUMAR Son of Binod Rai Resident of Patel Nagar, P.S.- Saharsa, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 25.05.2019 in a case registered for the offences punishable under Sections 392, 411, 413 and 120B of the IPC.

The prosecution case is that on 06.06.2019, the informant got down from his Scorpio vehicle, when the said vehicle was robbed off by three unknown persons, leading to registration of FIR against unknown persons. The name of the petitioner subsequently sprang up during investigation on the confession of co-accused Rohit Kumar.

It is submitted by learned counsel for the petitioner that neither recovery has been made from the conscious physical possession of the petitioner nor has he been put on T.I.P., though statement to that effect has not been made in the petition. It is further submitted that co-accused Rohit Kumar, on whose

Patna High Court CR. MISC. No.65031 of 2019(6) dt.19-03-2020 2/3 confession, name of the petitioner sprang up, has been granted bail by a co-ordinate bench of this Court vide order dated 18.01.2020, passed in Cr. Misc. No. 380 of 2020, whereas coaccused Pankaj Kumar and Bablu Kumar have been granted bail by different benches of this Court, vide order dated 24.01.2020, passed in Cr. Misc. No. 2877 of 2020 and vide order dated 04.12.2019, passed in Cr. Misc. No. 67718 of 2019, respectively. Though a statement has been made in paragraph no.3 of the petition that the petitioner is also made accused in one other case, but the impugned order suggests that the petitioner is accused in nine other cases, however, a supplementary affidavit has been filed to the effect that the same is an error of record.

Learned APP, after going through the case diary, submits that during investigation, the petitioner has confessed his guilt and after completion of investigation, chargesheet has been submitted against him.

Considering the nature of accusation and the fact that the co-accused on whose confession, the name of the petitioner sprang up, has been granted bail by a Co-ordinate bench of this Court, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.65031 of 2019(6) dt.19-03-2020 3/3 sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 404 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T