Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45558 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== KAUSHAL KUMAR S/o Valeshwar Sahni R/o Village- Mohabbatpur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Lalganj PS case no. 133 of 2021 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding the police having intercepted an Alto Car, whereupon the occupant of the said car started fleeing away, however the petitioner was arrested and from the said car, two water pumps and one cutter was recovered.

Patna High Court CR. MISC. No.45558 of 2021(2) dt.31-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 09.04.2021. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, no looted articles have been recovered from his conscious possession and he has been falsely implicated in the present case by the police.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner claims that no recovery of looted articles have been made from his conscious possession and moreover, the petitioner is not stated to be the driver of the car in question, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45558 of 2021(2) dt.31-01-2022 3/3 satisfaction of learned court of A.C.J.M. IX, Vaishali at Hajipur in connection with Lalganj PS case no. 133 of 2021. (Mohit Kumar Shah, J) rinkee/- U T