Patna High CourtCR. MISC./42017/2024bail granted

Vishal Kumar @ Vishal Rai v. The State Of Bihar

2024-06-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42017 of 2024 Arising Out of PS. Case No.-1448 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Vishal Kumar @ Vishal Rai Son of Ajay Rai R/O Vill.- Purahra, P.S.- Chauri, Dist.- Bhojpur.

... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif (Janipur) P.S. Case No. 1448 of 2023 dated 09.10.2023 registered for the offence/s punishable u/ss 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, the co-accused persons and unknown miscreants are alleged to have gathered for making preparation to commit crime.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.42017 of 2024(2) dt.20-06-2024 2/2 the petitioner has sprung up in the confessional statement of the co-accused Vicky Kumar who was accused in another case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 1448 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T