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Patna High CourtCR. MISC./40746/2025bail granted

Vivek Kumar v. The State Of Bihar

2025-09-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40746 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Vivek Kumar S/o Amar Prasad Soni @ Amar Prasad Resident of VillageRam Nagar, Ward No. 2, P.S.- Ram Nagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Mrs. Priyanka Kumari, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 234 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that, on the alleged date and time, the informant had taken Rs. 10,76,360/- from the Finance Company and was going to the SCP Centre, in the meantime, two miscreants riding on a motorcycle intercepted him and looted the amount along with other documents.

Patna High Court CR. MISC. No.40746 of 2025(4) dt.10-09-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Anish Raj. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted amountt. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2024 and has one criminal antecedent. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 29.08.2025 passed in Cr. Misc. No. 32940 of 2025.

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, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40746 of 2025(4) dt.10-09-2025 3/3 below/concerned Court in connection with Chiraiya P.S. Case No. 234 of 2024.

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