Patna High CourtCR. MISC./25063/2024bail granted

Vijay Kumar v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25063 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Vijay Kumar S/O BISHWANATH SINGH R/O VILLAGE- DIGHA FATEHPUR, WARD NO. 3, P.S- BALIGAW, DISTT.- VAISHALI (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

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

2. The petitioner seeks bail in connection with Turkauliya P.S. case No. 79 of 2024 instituted for the offences under Sections 413, 414, of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner was apprehended on the spot while he was trying to flee away by a stolen Scorpio.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner was merely a driver and he used to drive the vehicle on daily wage so he has no concern with the alleged occurrence or with the vehicle. Learned counsel further submitted that T.I.P.

Patna High Court CR. MISC. No.25063 of 2024(2) dt.04-04-2024 2/2 has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2024, and has no criminal antecedents. There is no compliance of Section 100 of the Cr.P.C..

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 as also the period of custody undergone by the petitioner and fair criminal antecedent, 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 Turkauliya P.S. case No. 79 of 2024.

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