Vijay Kumar Pandey @ Vijay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42651 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Vijay Kumar Pandey @ Vijay Pandey Son of Awadhesh Pandey Resident of Village- Kudiya, P.S- Pipra, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pipra P.S. case No. 65 of 2024 instituted for the offences under Sections 379, 414, 420, 467, 468, 471, 406, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that this petitioner along with his son Dhiraj Kumar Pandey sold the stolen motorcycle to the informant fraudulently in the name of selling

Patna High Court CR. MISC. No.42651 of 2024(2) dt.24-06-2024 2/3 the same as second hand motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of five months in lodging the FIR, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner further submitted that co-accused Dhiraj Kumar Pandey deals in second hand motorcycle and this petitioner petitioner has only been implicated in this case merely because he happens to be the father of the Dhiraj Kumar Pandey. Learned counsel further submitted that except the fact that the petitioner happens to be the father of the co-accused Dhiraj Kumar Pandey, there is no any other material against the petitioner nor any incriminating article has been recovered from his possession. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.03.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.42651 of 2024(2) dt.24-06-2024 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. case No. 65 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T