Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34253 of 2022 Arising Out of PS. Case No.-97 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Vikash Kumar S/o Satrudhan Paswan R/o Village- Manora, P.S.- Vaishali (Belsar O.P.), Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II :

Mrs.Anjana Gupta :

Mr. Raju Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Vaishali (Belsar O.P) P.S. Case no. 97 of 2019 instituted for the offence under Sections 401, 413, 414, 467, 471, 120B/34 of the Indian Penal Code.

Prosecution case relates to recovery of three motorcycles bearing Registration No. HA10ELHE12158, BR06BS-5559 and BR06AU-3249 .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case. The name of the petitioner has been disclosed in this case on confessional statement of co-accused

Patna High Court CR. MISC. No.34253 of 2022(2) dt.24-11-2022 2/2 persons, who were apprehended on spot. It is further submitted that neither the petitioner was arrested on spot nothing incriminating article has been recovered from his conscious possession. Similarly situated co-accused namely, Chandan Kumar has been granted anticipatory bail by Co-ordinate Bench of this court vide order dated 06.08.2019 in Cr. Misc. No. 49164 of 2019 which is annexed as Annexure Series-2.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Vaishali (Belsar O.P) P.S. Case no. 97 of 2019, he will be enlarged 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 CJM, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T