Vimal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38856 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- KASBA District- Purnia ====================================================== VIMAL KUMAR Son of Late Hemant Kumar Resident of Village - Godhiya, P.S.- Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranvir Kumar For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Kasba Police Station Case No. 11 of 2021, registered for the offences punishable under Sections 341/342/323/387/504/506/ 34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the husband of the informant had purchased a tempo from co-accused Pradeep Kumar at the rate of Rs. 60,000/- and after payment of Rs. 10,000/- as advance, the balance amount was to the paid by the husband of the informant to co-accused Pradeep Kumar. Subsequently, the husband of the informant deposited a sum of Rs. 28,600/- in four installments to the concerned Atul Company. It has further been alleged that
Patna High Court CR. MISC. No.38856 of 2021(2) dt.20-01-2022 2/3 petitioner along with other accused persons forcibly caught the victim and demanded the balance amount towards purchase of the tempo.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that there was transaction for purchase of tempo between the informant's husband and co-accused Pradeep Kumar, however both the parties have settled their dispute. He next submits that the petitioner has got no criminal antecedent, he is in custody since 12/01/2021 and co-accused persons, namely, Pintu Kumar and Pradeep Kumar, have been granted bail by this Court in Criminal Misc. Nos. 35128 and 37999 of 2021.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 12/01/2021, charge sheet has already been submitted and co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.38856 of 2021(2) dt.20-01-2022 3/3 on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Kasba Police Station Case No. 11 of 2021.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √