Patna High CourtCR. MISC./12056/2024bail granted

Vivek Kumar v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12056 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Vivek Kumar, aged about 37 years, Male, Son of Late Jagdish Resident village 1171 Subhash Nagar Mugalsarai Ward no 23 PS Kotwali Mugalarai Dist Chandauli (U. P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Obra P.S. Case No. 442 of 2023 registered for an offence punishable under Sections 379 and 511 of the Indian Penal Code.

3. As per allegation in the FIR, the informant alleged that one SBI ATM machine installed at Shiv Nandan Yadav Thana More near HDFC Bnak, Obra, Aurangabad was damaged by some unknown persons on 01.11.2023 in the night and attempted to steal away the money.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is not named in the FIR and there is no CCTV

Patna High Court CR. MISC. No.12056 of 2024(2) dt.05-03-2024 2/2 footage and no guard is there in the ATM to identify the petitioner. Petitioner is in custody since 15.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Aurangabad in connection with Obra P.S. Case No. 442 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T