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Patna High CourtCR. MISC./5400/2025bail granted

Parvesh Kumar @ Rampravesh Kumar v. The State Of Bihar

2025-02-15Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5400 of 2025 Arising Out of PS. Case No.-973 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Parvesh Kumar @ Rampravesh Kumar Son of Dinesh Sahani @ Dhora Sahani Resident of village - Bangara Chaupan, Ps- Kanti (Panapur Op), DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Kanti (Panapur O.P.) P.S. Case No. 973 of 2023, registered for the offences punishable under Sections 379, 414/34 of the Indian Penal Code.

3. As per allegation, stolen property has been recovered from the house of the co-accused Pawan Kumar Sahani.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that no stolen property has been recovered from the possession of the petitioner and he is no way

Patna High Court CR. MISC. No.5400 of 2025(2) dt.15-02-2025 2/3 connected with the alleged offence. He further submits that name of the petitioner has transpired in the confessional statement of co-accused, which has no evidentiary value.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has four criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M.-III, West Muzaffarpur, in connection with Kanti (Panapur O.P.) P.S. Case No. 973 of 2023, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.5400 of 2025(2) dt.15-02-2025 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T