Vickky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82642 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- DHAKA District- East Champaran ====================================================== VICKKY KUMAR S/O -Dinesh Singh R/O vill-Mishrauliya, P.S-Chiraiya, Dist- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== 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 379 of the Indian Penal Code.

3. As per prosecution case, the informant has withdrew of Rs. 6,00,000/- from the bank and kept the same in the dickey of his motorcycle and went to Block office, Dhaka and parked his motorcycle and his younger son stayed near the motorcycle. In the meantime, some miscreants came near his younger son and engaged him and after broking the lock of the dickey taken out cash of Rs. 6,00,000/- thereafter fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.82642 of 2023(2) dt.20-12-2023 2/2 committed no offence. Petitioner has not been apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local villager, which has got no evidentiary value in the eyes of law. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. 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 23.01.2023.

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 S.D.J.M., Sikrahna at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 27 of 2023. (Sunil Kumar Panwar, J) Arish/- U T