Vishwas Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6427 of 2021 Arising Out of PS. Case No.-499 Year-2020 Thana- GARKHA District- Saran ====================================================== VISHWAS KUMAR PATEL S/O Awadhesh Kumar Patel Resident Of Village - Said Sarai, P. S. - Garkha, District - Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Garkha P.S. Case No. 499 of 2020 for the offence registered under Sections 413, 414 and 34 of the Indian Penal Code. The allegation is regarding the Police having intercepted the petitioner and the co-accused person while they were travelling on their motorcycle, whereafter the petitioner and the other co-accused persons were apprehended and asked to produce the documents of the motorcycle, however, they could not produce the same and it is alleged that the motorcycle on which they were travelling is a stolen one.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.6427 of 2021(2) dt.27-01-2021 2/2 07.10.2020. The learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case on account of him and his friend having had an altercation with the Police.

Per contra, the learned counsel 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 petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Saran in connection with Garkha P.S. Case No. 499 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T