Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75729 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== VISHAL KUMAR Son of Kamla Sharma R/o vill - Mairwa tola Sakra, P.S. - Mairwa, Distt. - Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.
3. As per prosecution case, some unknown miscreants boarded with Maruti Swift vehicle overtook the Car of the informant and snatched his key and fled away with the vehicle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Bharat Kumar @Bharat Pasi, which has
Patna High Court CR. MISC. No.75729 of 2023(3) dt.20-12-2023 2/2 got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 19.07.2023. Moreover, similarly situated co-accused namely, Sharma Singh has already been granted bail by this Court vide order dt. 1.12.2023 passed in Cr. Misc. No. 76582 of 2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Gopalganj in connection with Mohammadpur P.S. Case No. 278 of 2022. (Sunil Kumar Panwar, J) Amandeep/- U T