IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45905 of 2008 VICKEY KUMAR @ GABBAR Versus STATE OF BIHAR ----------- For the petitioner : Mr. Anjani Kumar, Advocate For the respondent : Mr. S.R. Haque, A.P.P. 03. 28.01.2009 Heard both sides. The petitioner has renewed his prayer for grant of bail in a case instituted under Sections 392 and 411 of the Indian Penal Code. Earlier under order dated 12.06.2008 passed in Cr. Misc. No. 22574 of 2008 (Annexure-1), his prayer for bail was rejected. The said order reads thus: “Heard both sides. The sole petitioner has approached this court for grant of bail in a case instituted under Sections 392 and 411 of the I.P.C. As per allegation the informant along with his wife and brother-in-law was going to Patna junction at 11 P.M. in the night. Three miscreants intercepted and robbed Mangalsutra jewelleries and mobile phone of the wife of the informant near Karbigahiya station. It is said that hulla was raised by the informant. On alarm so raised by the informant the people chased and caught three miscreants including the petitioner. It is said that in the meanwhile, police party reached there and took possession of the miscreants. The - 2 - informant after seeing off his wife returned to the said place and identified the articles which were snatched from the possession of his wife. Learned counsel for the petitioner further submits that there is no seizure list appeared in this case. It has further been submitted that by mistake he is taken to be one of the miscreants. It has further been submitted that he is in custody from the date of his arrest i.e. 21.07.2007. Considering the facts and circumstances of the case, this court is not inclined to admit the petitioner to bail. Accordingly, his prayer for bail, for the present, stands rejected.” Counsel for the petitioner submits that on the fateful day he along with two other accused namely Pawan Kumar @ Seety & Anil Kumar Singh @ Santosh @ Chintoo were also arrested. By filing a supplementary affidavit two orders of this Court have been brought on records as Annexure-3 and Annexure-3A. A perusal of those orders indicate that this Court granted bail to those two accused persons on merit. It has been submitted that the petitioner is in custody since 22.07.2007. In the facts and circumstances of the case, this court is now inclined to admit the petitioner to bail. Let the petitioner, namely Vickey Kumar @ Gabbar be - 3 - released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Ramayan Ram, Judicial Magistrate, 1st Class, Patna in connection with Jakkanpur P.S. Case No. 146 of 2007 subject to the condition that one of the bailors should be the own/close family member of the petitioner. Vikash/- (Kishore K. Mandal, J.)