Patna High CourtCR. MISC./27160/2024bail granted

Vikash Pandey v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27160 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- JALALPUR District- Saran ====================================================== VIKASH PANDEY SON OF BRAJENDARA PANDEY RESIDENT OF VILLAGE - DEWARIYA, POLICE STATION - REVILGANJ, DISTRICT - SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mili Kumari For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jalalpur P.S. case No. 261 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution story, in short, is that three unknown miscreants looted the motorcycle, mobile phone and bag of the informant on the point of pistol.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. F.I.R. has been lodged against three unknown persons. No specific overt act is alleged against this petitioner. Learned counsel further submitted that though one mobile has been recovered

Patna High Court CR. MISC. No.27160 of 2024(2) dt.03-04-2024 2/3 from the petitioner and he had purchased the same from a person and he had no knowledge regarding the same being a stolen one. No T.I.P. has been conducted till date. Charge-sheet has been submitted in this case. The petitioner is in custody since 08.10.2023 and has no criminal antecedent. Co-accused has been granted bail by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6521 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, no criminal antecedent, judicial custody undergone by the petitioner and claim based on parity 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 Jalalpur P.S. case No. 261 of 2023, 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

Patna High Court CR. MISC. No.27160 of 2024(2) dt.03-04-2024 3/3 on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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