Vivek Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15032 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Vivek Kumar @ Munna, S/O Surendra Kumar @ Surendra Singh, R/O Village-Ram Nagar, P.S-Nokha, District-Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj, Adv.

For the Opposite Party/s :

Md.Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Prosecution case, in brief is that on the alleged date and time of occurrence while the informant was returning from Motihari and reached at Katrakala bridge suddenly Tavera car got puncture. Thereafter, the informant and his friend tried to change stepnee. In the meantime, six unknown persons came there and looted them. During dacoity/ robbery they snatched

Patna High Court CR. MISC. No.15032 of 2021(2) dt.10-08-2021 2/3 Rs.18,000/- cash, gold chain and mobile and by trying their hands from informant's shirt pushed them into bush and took away Tavera Car. After that on tracking the GPS the said car was found at Goh P. S. within District-Aurangabad. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was arrested in Mohaniya P.S. Case No.240/2020 and remanded in the present case. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 31.08.2020. The petitioner has got 04 criminal antecedents which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by different co-ordinate Benches of this Court passed in Cr. Misc. No.38446/2020 and Cr. Misc. No.2033/2021.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mohaniya P.S. Case No. 235/2020 to the

Patna High Court CR. MISC. No.15032 of 2021(2) dt.10-08-2021 3/3 satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T