Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18569 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vivek Kumar Son of Vijay Kumar Resident of Village - Choubepur, Police Station - Sirdala, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawada Muffasil P.S. Case No. 74 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant, who is at presently posted S.I. in Muffasil P.S. on 15.02.2023 received release order of seized truck bearing Registration No. JH-0945451 from the office of Excise Superintendent through memo no. 289 dated 13.02.2023. In the light of the said order, Vikram Kumar, nephew of the truck owner in presence of the witness Deepak Kumar got released the said truck on proper identification. Later on it was informed from Excise Office that this was a fake release order.

Patna High Court CR. MISC. No.18569 of 2024(3) dt.13-05-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Md. Safik Alam @ Mister, which has no evidentiary value in the eyes of law. There is no specific allegation against the petitioner. The petitioner is in custody since 23.01.2024 and has no criminal antecedent.

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

6. Considering the facts and circumstances of the case as well as 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 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 Nawada Muffasil P.S. Case No. 74 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T