Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13865 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Ajay Kumar S/o Ravindra Ray R/o vill - Shekhpura, P.S and Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Bela Singh, Advocate For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vaishali P.S. Case No. 381 of 2023 instituted for the offence under Sections 413, 414, 420, 467, 468, 471 & 120B of the Indian Penal Code.

3.

Prosecution case in short is that police on secret information regarding selling of stolen motorcycle reached at the place of occurrence and recovered one motorcycle from coaccused namely, Vikram Kumar. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.13865 of 2024(2) dt.06-03-2024 2/3 that the petitioner is in custody since 29-09-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Vikram Kumar. Other co-accused have been granted bail by a Co-ordinate Bench of this Court, vide order dated 09-01-2024, 18-012024 & 27-02-2024, passed in Cr. Misc. No. 84898 of 2023, Cr. Misc. No. 1667 of 2024 & Cr. Misc. No. 12116 of 2024. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.13865 of 2024(2) dt.06-03-2024 3/3 Court below/concerned Court in connection with Vaishali P.S. Case No. 381 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T