Vivek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68964 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- KESARIA District- East Champaran ====================================================== VIVEK RAJ, age 24 years, Gender-Male, Son of Late Umesh Sahani, Resident of Village - Chand Parsa, P.S.- Keasariya, Distt - East Champaran at Motihari.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vikash Kumar Pankaj, Advocate.

For the Opposite Party :

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 394 of the IPC.

The prosecution story, in brief, is that the informant is a worker of Spandana Sfurti Finance Company Ltd., and was returning back after collecting amount from women group Rs. 1,35,000/- by his Motorcycle from Rampur Dumariya Hussaini Gachhi Tola Kjhijirpura Kushahar Village to Kesariya Branch. It has further been alleged that at about 12.20 P.M. when he proceeded from Kushahar Road and had reached between Kushahar and Mohamadpur, six persons riding over two Blue Apache Motorcycle over took his Motorcycle and looted the bag

Patna High Court CR. MISC. No.68964 of 2019(2) dt.05-11-2019 2/3 which was containing the money at the point of pistol and threatened him to kill him. It is further alleged that the accused persons also snatched one Android mobile set make M.I.Redmi 7 alongwith SIM Card bearing No. 9470013444 and after committing the loot/robbery, all six accused persons fled towards Kesariya. It has also been stated that the accused persons were aged about 20-25 years and also stated about the other physical appearance of the accused persons. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 09.08.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R.

The name of the petitioner has come in the present case on the basis of his self confession made before the police in another case. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing

Patna High Court CR. MISC. No.68964 of 2019(2) dt.05-11-2019 3/3 bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- III, East Champaran at Motihari, in connection with Kesariya P.S. Case No. 344 of 2019.

(Sudhir Singh, J) U.K./- U T