Vishal Kumar @ Govinda Kumar @ Bishal Kumar @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72612 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Vishal Kumar @ Govinda Kumar @ Bishal Kumar @ Govind Kumar, aged about 28 years, Male, S/O Late Uma Shankar Rai, R/O Vill.- Naini Paschim Tola, P.S- Chapra Muffasil, Dist- Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Muffasil P.S. Case No. 80/2024 dated 29.02.2024 registered for the offences punishable under Section 395 of the Indian Penal Code and Sections 25(1- B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, 7-8 unknown miscreants are alleged to have entered the Reliance Jewels Showroom situated at Mohanpur Road, Samastipur and looted gold and diamond ornaments, Rs. 1,41,366/- cash from the counter and Rs. 6 lacs from the customers on the point of pistol.

Patna High Court CR. MISC. No.72612 of 2025(2) dt.28-11-2025 2/3 Further, the miscreants broke the counter with the arms carried by them and a country-made pistol, a magazine, three cartridges and a blue color bag were seized from the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that so far recovery of gold ornaments is concerned, the same belongs to the petitioner which was purchased by the petitioner for the marriage of his sister. Moreover, the recovered articles were not put on T.I. Parade. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case on the basis of the confessional statement of the co-accused Gagan Raj and Rahul Kumar @ Kala Nag which has got no evidentiary value in the eyes of law. No. T.I.P. has been conducted by the prosecution till today hence, the petitioner has not been put on T.I. Parade.

It is further submitted that the other co-accused, namely, Jwala Kumar @ Jwala Paswan @ Prakash @ Prakash Paswan has already been granted bail in Cr. Misc. No. 27440 of 2025 vide order dated 13.05.2025, annexed as Annexure-2 to the present bail petition. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2025.

Patna High Court CR. MISC. No.72612 of 2025(2) dt.28-11-2025 3/3

5. Learned A.P.P. for the State has vehemently 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 A.C.J.M.- IInd, Samastipur in connection with Samastipur Muffasil P.S. Case No. 80/2024.

7. The application stands allowed.

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