Patna High CourtCR. MISC./28278/2024bail granted

Vijay Kumar @ Vijay Sahani v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28278 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Vijay Kumar @ Vijay Sahani SON OF DASHRATH SAHANI RESIDENT OF VILLAGE- MANSINGHPUR BIJRAULI, PS- TISIAUTA, DISTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radhe Shyam For the Opposite Party/s :

Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bahadurpur P.S. Case No. 279 of 2023 registered for an offence punishable under Sections 363 and 364 of the Indian Penal Code.

3. The allegation against the petitioner is that Rajmistri who fled away with informant's son Ankush Kumar. She searched her son everywhere.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner was neither arrested on spot nor anything was recovered from his possession. Similarly situated co-accused person has been granted bail by this Court in Cr.

Patna High Court CR. MISC. No.28278 of 2024(2) dt.19-04-2024 2/2 Misc. No. 12930 of 2024 vide order dated 29.02.2024.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. From perusal of the first information report, other material on record and impugned order dated 29.02.2024, it appears that the petitioner is not named in the FIR and the name of the petitioner came on the basis of confessional statement of co-accused Santosh Kumar and Vijay Kumar. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 30.07.2023, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Ravi Shekhar Varshi, Judicial Magistrate, Ist Class, Patna City, District-Patna/concerned Court in connection with Bahadurpur P.S. Case no. 279 of 2023. (Ramesh Chand Malviya, J) saurabhkr/- U T