Allowed

Vishal Kumar v. The State of Bihar

Patna HC3 Mar 2022CR. MISC./30488/2021

Case brief

AI extract

What is this about?

This is an order granting regular bail to the petitioner in a theft case. The Court considered the delay in charging the petitioner, lack of recovery of stolen article, and the fact that a similarly situated co-accused had been granted bail by a coordinate bench.

What did the court decide?

Petitioner released on regular bail by furnishing bond of Rs. 20,000 with two sureties of like amount.

Vishal Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30488 of 2021

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Arising Out of PS. Case No.-216 Year-2018 Thana- DULHIN BAZAR District- Patna

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======================================================

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VISHAL KUMAR SON OF YOGENDRA YADAV R/O VILLAGE- AKURI, P.S.- PALIGANJ, DISTRICT- PATNA.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 03-03-2022

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Heard Mr. Satish Chandra, learned counsel for the

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petitioner and Ms. Asha Kumari, learned Additional Public Prosecutor appearing for the State.

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Petitioner seeks regular bail in connection with Dulhin Bazar P.S. Case No. 216/2018 registered for the offence punishable under Section 392 of the Indian Penal Code 1860.

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The allegation, as per the First Information Report, is that two unknown miscreants snatched the Motorcycle of the informant.

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Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement made by coaccused Prakash Chandra Upadhyay who has been released on bail by a co-ordinate Bench of this Court in Cr. Misc. No. 16945 of 2019. He further submits that no looted article has been recovered from possession of the petitioner and the petitioner is in custody since 23.1.2021 and he has not been put on Test Identification Parade.

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Patna High Court CR. MISC. No.30488 of 2021(4) dt.03-03-2022 2/2

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a coordinate Bench of this Court, the petitioner is in custody since 23.1.2021, charge sheet has already been submitted and no incriminating and/or looted article has been recovered from possession of the petitioner, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Malviya, learned Judicial Magistrate, 1^st Class, Danapur, in connection with Dulhin Bazar P.S. Case No. 216/2018 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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(Anil Kumar Sinha, J)

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S.Ali/-

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Vishal Kumar v. The State of Bihar

Case brief

What is this about?

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Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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