Aditya Kumar @ Aditya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37418 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- SARAI District- Vaishali ====================================================== ADITYA KUMAR @ ADITYA Son of Pankaj Kumar @ Pankaj Singh Resident of Village - Akhtiyarpur Patedha, P.S.- Sarai, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. The allegation against the petitioner is that he in association of other co-accused looted away the pick up van along with the belongings of driver and another person who were going through the pick up van.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.37418 of 2021(2) dt.22-07-2021 2/2 innocent and has been falsely implicated in this case by the police due to ulterior motive. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. No T.I.P. has been conducted. As a matter of fact, petitioner is a student of Polytechnic of Electrical Engineering Branch of 5th Semester. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 20.03.2021.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sarai P.S. Case No.63 of 2021. (Anjani Kumar Sharan, J) Trivedi/- U T