Vijay Shankar Dwivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6871 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== VIJAY SHANKAR DWIVEDI Son of Suresh Dwivedi @ Suresh Dubey Resident of Village- Dular Patti, P.S.- Shanichari, District- West Champaran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Pachrukhi (Sarai O.P.) PS case no. 251 of 2021 instituted for the offences punishable under Sections 461, 379, 411 of the Indian Penal Code.

The allegation is regarding the informant, who is stated to be the Senior Manager of a Company namely Icon Global Venture, having received information on 25.10.2021 at about 4.45 am in the morning from the petitioner, who is the Branch Manager in the same Company that thieves have broken the lock of the Branch and have taken away a sum of Rs. 6,82,000/- and other articles like T.V., Fan etc.

Patna High Court CR. MISC. No.6871 of 2022(4) dt.02-01-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 27.10.2021. It is further submitted that the petitioner has been falsely implicated in the present case, although he has got no role to play in the alleged occurrence, nonetheless, the petitioner is ready to abide by such terms and conditions, as may be deemed fit and appropriate, for the purposes of grant of bail.

Per contra, the learned APP for the State has referred to the case diary in question, more particularly, the seizure list to submit that a sum of Rs. 6,59,120/- has been recovered from the house of the petitioner, hence the petitioner is definitely having complicity in the alleged occurrence. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the materials available in the case diary, though I am not inclined to grant bail to the petitioner, at the moment, however, I direct for release of the petitioner on bail immediately upon framing of charge by the learned trial court, subject to such conditions, as may be deemed fit and

Patna High Court CR. MISC. No.6871 of 2022(4) dt.02-01-2023 3/3 appropriate to be imposed by the learned court of A.C.J.M.-VI, Siwan in connection with Pachrukhi (Sarai O.P.) PS case no. 251 of 2021.

The present petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) rinkee/- U T