Shri Ram Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14911 of 2025 Arising Out of PS. Case No.-370 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Shri Ram Patel Son of Late Nagendra Patel @ Late Nagendra Mahto Resident of Village - Chakmaruf, P.S. - Vaishali (Belsar OP), District - vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. II, Advocate Ms. Kumari Rupa, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 370 of 2024 instituted for the offences under Sections 379, 420, 328 of the Indian Penal Code. 3.
Prosecution case, in short, is that, some unknown miscreants hired the pick-up vehicle of the informant. The informant was intoxicated by the unknown miscreants due to which he became unconscious and his vehicle was stolen away by the miscreants.
4.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.14911 of 2025(2) dt.28-02-2025 2/3 transpired in this case during investigation on the basis of confessional statement of co-accused, namely, Md. Junaid Hussan followed by his self-confessional statement before the police in connection with Hajipur Sadar PS Case No. 397 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.08.2024 and has eight criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 19.02.2025 passed in Cr. Misc. No. 80630 of 2024. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 370 of 2024,
Patna High Court CR. MISC. No.14911 of 2025(2) dt.28-02-2025 3/3 subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T