Patna High CourtCR. MISC./32178/2020bail granted

Randhir Kumar v. The State Of Bihar

2021-01-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32178 of 2020 Arising Out of PS. Case No.-282 Year-2020 Thana- HAJIPUR DistrictVaishali ====================================================== 1.

Randhir Kumar S/o Maheshwar Rai R/o village- Terasiya, Pillar No.- 10, P.S.- Ganga Bridge, Distt- Vaishali 2.

Akhilesh Kumar S/o Vimal Rai R/o village- Terasiya, Pillar No.- 10, P.S.- Ganga Bridge, Distt- Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 06.04.2020 in connection with Hajipur Town P.S. Case No. 282 of 2020 for the offences alleged under Sections 413, 414/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in connection with alleged recovery of a motorcycle bearing Registration No. BR-31AB-0663 said to be stolen. It is submitted that the prosecution story has no credibility as the

Patna High Court CR. MISC. No.32178 of 2020(2) dt.04-01-2021 2/2 seizure list has been drawn at 15.10 pm stating Hajipur Town P.S. Case No. 282 of 2020 whereas the F.I.R. itself has been instituted subsequently showing the time of information received as 4:00 pm. The petitioners have already suffered about nine months in custody, and claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 06.04.2020, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, District- Vaishali, in connection with Hajipur Town P.S. Case No. 282 of 2020, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T