Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2572 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== VIJAY KUMAR Son of Brij Kishore Singh @ Brij Kishor Singh Resident of Village- Manjhar, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution case, the police personnel received a message that 4-5 accused persons armed with weapons have assembled with a plan to commit a crime and also trying to sale and purchase motorcycle. It is further alleged that petitioner

Patna High Court CR. MISC. No.2572 of 2023(3) dt.24-04-2023 2/3 along with other co-accused apprehended on spot and on search, a mobile and motorcycle were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that only one mobile was recovered from the conscious possession of the petitioner. The motorcycle, which was recovered from the petitioner is not stolen and it's belongs to his friend, which is annexed as annexure-2 with this petition. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 19.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 C.J.M.,

Patna High Court CR. MISC. No.2572 of 2023(3) dt.24-04-2023 3/3 East Champaran at Motihari in connection with Harsidhi P.S. Case No. 456 of 2022.

(Sunil Kumar Panwar, J) arish/- U T