IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37680 of 2021

Arising Out of PS. Case No.-40 Year-2017 Thana- MEDNI CHAUKI District- Lakhisarai

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VIKAS SAH @ VIKAS RAJ @ VIKAS SAW Son of Jagdish Sah Resident of

Village- Nayagaon, P.S.- Kotwali, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Jyoti Ranjan Jha

For the Opposite Party/s :

Mr.APP.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

08-12-2021

Heard learned counsel for the petitioner and learned

counsel for the State.

Petitioner seeks bail in connection Medini Chowki P.S.

Case no. 40 of 2017 dated 09. 06.2017 registered for the offence

punishable under section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that

petitioner is in custody since 12.02.2021 and is person with

clean antecedent and charge sheet has been submitted. Learned

counsel for the petitioner submits that the informant in the FIR

alleges that he had purchased a car (Tata Indigo) and had given

to OLA. Further on 8.9.2017 car was hired by a person for

going to Lakhisarai and the informant was asked to bring an

officer from airport, accordingly, informant reached airport and

took the person who hired the car along with another person

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both aged about 30-35 years, further at 9.30 p.m., they reached

Lakhisarai and purchased three Littis and gave it to the

informant also, thereafter, it is alleged that at about 12 they

gave Maza to the informant to drink and it is alleged that after

drinking Maza informant started becoming unconscious and in a

delirious state saw that one person started driving car, thereafter

it is alleged that petitioner regained consciousness, he found

himself tied and the accused had fled away with car. Learned

counsel for the petitioner submits that from perusal of the

allegation as alleged in the FIR, it would manifest that

admittedly, all three accused persons were sitting in the car with

the informant as such informant was knowing them as two of

the accused had boarded from Lakhisarai to Patna and another

accused sat in the car at Lakhisarai. Learned counsel submits

that FIR was against unknown and name of this petitioner

transpired during course of investigation as mobile of the

informant was found in his possession. Learned counsel submits

that if the petitioner had committed the offence he would never

kept the mobile of the informant with himself rather he had

purchased the said mobile without knowing that it was a stolen

mobile. Learned counsel submits that petitioner has been

arrested on 12.02.2021 but till date he has not been put on TI

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parade, it is submitted that had petitioner been put on TI parade,

the informant could have identified whether petitioner was

person or not who had accompanied him in the car.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody

and till date he has not been put on TI parade, the petitioner is

directed to be released on bail on furnishing bail bonds of Rs

20,000/- (twenty thousand) with two sureties of the like amount

each to the satisfaction of the Addl. Chief Judicial Magistrate II,

Lakhisarai in Medini Chowki P.S. Case no. 40 of 2017.

s.hassan/-

(Satyavrat Verma, J)

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