Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64866 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== VIVEK KUMAR Son of Govind Prasad Singh Resident of Village - Dayalpur, P.S.- Rajapakar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 24.05.2021 and chargesheet has been submitted. Petitioner has antecedent of three cases. Learned counsel for the petitioner submits that the allegation is of recovery of a stolen motorcycle and Rs. 110/- from the petitioner.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner was completely unaware that the motorcycle which he had taken from his friend was a stolen

Patna High Court CR. MISC. No.64866 of 2021(2) dt.31-03-2022 2/2 one. It is further submitted that no case with respect to the aforesaid motorcycle was instituted earlier, as such, it is submitted that had the motorcycle been stolen one, then a case with respect to the same must have been filed in the police station but the present F.I.R. does not even remotely whisper that a case with respect to the motorcycle was filed earlier. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.05.2021, chargesheet has been submitted in the case and considering the nature of allegation as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Vaishali P.S. Case No. 188 of 2021 with a condition that one of the bailor shall be the father of the petitioner, Govind Prasad Singh.

(Satyavrat Verma, J) Ankit/- U