Puskar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50422 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== PUSKAR KUMAR SINGH S/o Mahesh Singh R/o Vill- Damodar Colony, P.S.- Hajipur Sadar, Dist. Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanket, Advocate For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 399 of 2022 for the offence punishable under Sections 392, 411 and 414 of the Indian Penal Code.

The allegation is regarding four unknown miscreants having arrived at the place of occurrence on a white colour Swift Dzire car, whereafter, they had intercepted the informant and had forcibly taken away his pick-up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 01.06.2022. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.50422 of 2022(2) dt.09-12-2022 2/3 submitted that the petitioner is having a fair antecedent inasmuch as he is an accused only in one another case. It is further submitted that the petitioner has been falsely implicated in the present case merely on account of recovery of a Swift Dzire car, used in the said crime, from near Sant Jorjia school situated in front of the house of the petitioner, from which the key of the pick-up van, its registration book and number plate were recovered. Lastly, it is submitted that the Swift Dzire car does not belong to the petitioner but the same belongs to his brother-in-law, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. appearing 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 fact that the Swift Dzire car, used for commission of the alleged crime, does not belong to the petitioner and moreover, recovery of the looted pick-up van has already been made apart from the fact that the petitioner is languishing in custody since 01.06.2022, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.50422 of 2022(2) dt.09-12-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 399 of 2022.

(Mohit Kumar Shah, J) S.Sb/- U T