Patna High CourtCR. MISC./48943/2021bail rejected

Vivek Kumar v. The State Of Bihar

2022-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48943 of 2021 Arising Out of PS. Case No.-29 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== VIVEK KUMAR S/o Late Rambabu Singh R/v- Shaidpur Ganesh, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and the State.

The petitioner seeks regular bail in registered for the offences punishable under section 420 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner and other accused persons abducted the husband of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, husband of the informant sold land in favour of Rajiv Kumar. Petitioner is neither identifier nor the witness in the sale deed. The victim in the statement recorded under section 164 Cr. P. C. has stated that he suo motu came to the registry office. Petitioner has got clean antecedent as stated

Patna High Court CR. MISC. No.48943 of 2021(4) dt.03-03-2022 2/2 in paragraph 3 of the bail petition. Petitioner is in custody since 22.4.2021.

Learned counsel for the State opposes the prayer for bail and submits that the victim in his section 164 Cr.P.C. statement has alleged that the petitioner and two other accused persons abducted the victim, confined him and get executed the land in favour of Rajiv Kumar.

Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T