Karan Srivastav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44251 of 2024 Arising Out of PS. Case No.-242 Year-2015 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Karan Srivastav Son of Raju Srivastav @ Rajesh Kumar Srivastav, VillageAdalwari, Ps- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate Ms. Shyamli Kumari, Advocate For the Opposite Party/s :
Mr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 242 of 2015 registered for the offences punishable under Sections 406, 420 & 120(B) of the Indian Penal Code and later on Sections 392 & 411 of the Indian Penal Code was also added.
3. As per the prosecution case, the owner of Piyush & Associates Pvt. Ltd got information from his staff that while he was going to Patna from Hajipur with his motorcycle after collecting Rs.10,90,000/- from shopkeepers then four unknown persons with two motorcycles intercepted him and fled away with money and motorcycle.
Patna High Court CR. MISC. No.44251 of 2024(4) dt.08-10-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to four criminal antecedents. He further submits that the petitioner is not named in the FIR and his name has been transpired on the basis of confessional statement of co-accused Md. Arshad. No incriminating article has been recovered from the possession of the petitioner. He also submits that co-accused Md. Arshad on whose confessional statement, the name of the petitioner has been dragged in this case has already been enlarged on bail. The similarly situated co-accused person, namely, Ashif @ Anshu Khan @ Md. Anshu Khan has already been enlarged on regular bail by this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 83395 of 2023. The petitioner is in jail custody since 13.07.2023. The charge-sheet has already been submitted in this case and there is no chance of absconding or tampering with the evidence. The petitioner undertakes to co-operate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.44251 of 2024(4) dt.08-10-2024 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur / Concerned Trial Court in connection with Hajipur Sadar P.S. Case No. 242 of 2015. (Sunil Dutta Mishra, J) ashishkr/- U T