Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74043 of 2023 Arising Out of PS. Case No.-235 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== VIKASH KUMAR S/O ANIL KUMAR VERMA R/O SEVDAH, P.S.- HARNAUT, DISTRICT-NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 but chargesheet has been submitted u/s 392, 397 of the I.P.C. and Section 27 of Arms Act.

3. As per prosecution case, while the informant as well as his co-worker was going to deposit money in the bank, in the meantime, three unknown persons intercepted and one of them fired upon the informant. The accused persons looted cash of Rs. 6,86,000/- and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name transpired in this

Patna High Court CR. MISC. No.74043 of 2023(2) dt.02-12-2023 2/3 case on the basis of confessional statement of co-accused Karan Kumar before the police. The confession before police is not admissible in the eye of law. No any looted material has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 26.11.2020. Moreover, similarly situated coaccused Karan Kumar has already been granted bail by a coordinate Bench of this Court vide order dt. 11.1.2023 passed in Cr. Misc. No. 69058 of 2922.

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 Ramkrishna Nagar P.S. Case No. 235 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-XIX, Patna.

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

Patna High Court CR. MISC. No.74043 of 2023(2) dt.02-12-2023 3/3