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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
VIKASH KUMAR JHA @ VIKASH JHA – Appellant
Versus
The State – Respondent
CR. MISC./49777/2022
An accused is entitled to bail if he is neither named in the FIR nor arrested on the spot and no incriminating articles are recovered from his possession.
Headnote:
BAIL - SECTION 395/397 IPC - REGULAR BAIL - ACCUSED WAS NEITHER NAMED IN THE FIR NOR ARRESTED ON SPOT - NO INCRIMINATING ARTICLES WERE RECOVERED FROM HIS POSSESSION - SEVERAL CO-ACCUSED PERSONS HAVE ALREADY BEEN GRANTED BAIL - PETITIONER IS LANGUISHING IN JUDICIAL CUSTODY SINCE 26.06.2021 - BAIL GRANTED.
Fact of the Case:
The petitioner was accused of committing dacoity in the office of Muthoot Finance Co. Ltd., from where two lakhs rupees kept in the counter and the gold kept in the strong room were stolen. The petitioner was not named in the FIR nor was he arrested on the spot. No incriminating articles were recovered from his possession. Several co-accused persons have already been granted bail.
Finding of the Court:
The court found that the petitioner was neither named in the FIR nor arrested on the spot. No incriminating articles were recovered from his possession. Several co-accused persons have already been granted bail. The petitioner has been languishing in judicial custody since 26.06.2021.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail as he was neither named in the FIR nor arrested on the spot. No incriminating articles were recovered from his possession. Several co-accused persons have already been granted bail. The petitioner has been languishing in judicial custody since 26.06.2021.
Final Decision: The petitioner was granted bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49777 of 2022
Arising Out of PS. Case No.-100 Year-2019 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Vikash Kumar Jha @ Vikash Jha Son Of Late Vijay Shankar Jha R/O Village-
Shahpur Pagra, P.S.- Dalsingh Sarai, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Anju Kumari @ Anju Narain
For the Opposite Party/s :
Mr. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has filed the instant application for
grant of regular bail in connection with Sadar (Muzaffarpur) P.S.
Case No. 100 of 2019 registered under Sections 395 and 397 of
the Indian Penal Code.
Prosecution case relates to dacoity in the office of
Muthoot Finance Co. Ltd., from where two lakhs rupees kept in
the counter and the gold kept in the strong room have stolen by
the petitioner along with co-accused persons.
Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He has
falsely been implicated in this present case only on the basis of
Patna High Court CR. MISC. No.49777 of 2022(3) dt.11-01-2023
2/2
confessional statement of other co-accused persons. It is further
submitted that petitioner is neither named in the F.I.R. nor he
was arrested on spot. Neither the petitioner has been put on
T.I.P. nor anything incriminating has been recovered from his
conscious possession. Similarly situated several co-accused
persons have already been granted bail by a co-ordinate Bench
of this Court which is mentioned in Annexure-2 series. The
petitioner is languishing in judicial custody since 26.06.2021.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the Court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be enlarged on bail in
connection with Sadar (Muzaffarpur) P.S. Case No. 100 of 2019
on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge 19th , Muzaffarpur.
shubham/-
(Sunil Kumar Panwar, J)
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