Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22922 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== VICKY KUMAR Son of Sri Dinesh Prasad Patel @ Dinesh Patel Resident of village - Tadhwanandpur, Ward No.- 03, P.S.- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 92 of 2023 registered for the offences punishable under Sections 413, 414, 420, 468, 471/34 of the IPC.

As per prosecution case, on 06.02.2023 informant along with police official was searching the vehicle. In the meantime, one person who was on motorcycle started fleeing after seeing the police team but he was apprehended by the police and he did not produce any document regarding the said motorcycle and disclosed that said motorcycle was stolen motorcycle which was being driven after changing number

Patna High Court CR. MISC. No.22922 of 2023(2) dt.18-05-2023 2/3 plate. The apprehended accused Aurangzeb Ansari disclosed that he purchased the stolen motorcycle from petitioner and other accused.

Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and he has falsely been implicated in the present case. Petitioner is in custody since 07.02.2023 and bears no criminal antecedent. Nothing has been recovered from possession of the petitioner. Except confessional statement, there is nothing on record to connect the present petitioner with the alleged occurrence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 92 of 2023, subject to following conditions:-

Patna High Court CR. MISC. No.22922 of 2023(2) dt.18-05-2023 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T