Vijay Kumar @ Vijay Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15272 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Vijay Kumar @ Vijay Pandit S/o Ramprit Pandit R/o Vill - Sarsaulla, P.S. - Lakhura O.P. District - East Champaran 2.

Raushan Kumar @ Raushan Pandit S/o Ramprit Pandit R/o Vill - Sarsaulla, P.S. - Lakhura O.P. District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balgovind Sharma, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024

1. Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are not named in the F.I.R. and apprehending their arrest in connection with Muffasil P.S. Case No. 687 of 2023 registered for the offences punishable under Sections 401, 414, 467, 468 and 471/34 of the Indian Penal Code.

3. The allegation against the petitioners is to involve in sale of stolen mobile alongwith other co-

Patna High Court CR. MISC. No.15272 of 2024(2) dt.14-03-2024 2/3 accused persons.

4. Learned counsel appearing on behalf of the petitioners submitted that name of petitioners surfaced during the course of investigation on the basis of information supplied by unknown police spy for the reason that both petitioners are brother of co-accused Sambhu Kumar, who is the owner of mobile shop. It is further submitted that even the brother of petitioners Sambhu Kumar is also not named in the FIR and as such entire allegation appears only on the basis of suspicion. While concluding the argument it is submitted that petitioners are men of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact, as save and except information supplied by police spy nothing incriminating appears against the petitioners, accordingly both the petitioners above named, in the event of their

Patna High Court CR. MISC. No.15272 of 2024(2) dt.14-03-2024 3/3 arrest or surrender before the learned Court within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court where the case is pending in connection with Muffasil P.S. Case No. 687 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T