Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15119 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== VIKASH KUMAR S/O RAJ KUMAR RAJAK R/V- JAFFARPATTI BAHURAHARA, P.S.- RAJAPAKAR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379, 411 and 34 of the Indian Penal Code.

3.

Allegedly, the electric motor pump set from the field of the informant was stolen. It is alleged that, on raid, the police recovered the stolen item loaded on a bike from the house of the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation leveled

Patna High Court CR. MISC. No.15119 of 2023(3) dt.09-10-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. He further submits that the said motorcycle from which the recovery has been made does not belongs to the petitioner, which is also mentioned in para-2 of the Supplementary Affidavit. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajapakar P.S. Case No.432 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T