Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24591 of 2024 Arising Out of PS. Case No.-431 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Sudhir Kumar, Son of Naresh Ram, Resident of Village- Vihwapur, Nawanagar, P.S.- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Pandey, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 431 of 2021 dated 02.09.2021 registered for the offences punishable under Section 392 of the Indian Penal Code. Later on Sections 395 and 412 of the I.P.C. were added.

3. As per the prosecution case, it is alleged that four unknown miscreants came and surrounded the informant and on the point of pistol they snatched the informant's motorcycle and mobile phone of Vivo company and fled away. It is further alleged that the informant identified one accused namely, Akhilesh Kumar Sharma.

Patna High Court CR. MISC. No.24591 of 2024(3) dt.12-07-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The petitioner is not named in the FIR. The name of the petitioner has been surfaced in the case on the basis of the confessional statement of the co-accused namely, Dilip Ram. Nothing incriminating or looted articles has been recovered from the possession of the petitioner rather the said looted mobile and motorcycle have been recovered from the possession of the co-accused Chandan Kumar Paswan and Aakash Kumar respectively.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner has three criminal antecedents of similar nature which have been filed in the same year.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above-named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali, Hajipur in

Patna High Court CR. MISC. No.24591 of 2024(3) dt.12-07-2024 3/3 connection with Bidupur P.S. Case No. 431 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T