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Patna High CourtCR. MISC./61535/2023bail granted

Vivek Kumar @ Chunu Baba v. The State Of Bihar

2024-08-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61535 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- AMNAUR District- Saran ====================================================== VIVEK KUMAR @ CHUNU BABA SON OF RAJ KISHORE SINGH RESIDENT OF VILLAGE- MARAURHAKHURD, VAISHYA TOLA, PSMARAUHA, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Amnour P.S. Case No. 274 of 2022, registered for the offences punishable under Sections 379, 411, 414 of the IPC.

3. As per FIR, the informant went to market to buy vegetables on his motorcycle. When he return after buying vegetable, he saw that his motorcycle has been stolen.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested at the spot. The stolen motorcycle was not recovered from his possession. The name of the petitioner has figured in

Patna High Court CR. MISC. No.61535 of 2023(6) dt.14-08-2024 2/2 confessional statement of co-accused Paramhansh Kumar. Except that, there is no material against him at all and he is under custody since 04.03.2023.

5. On the other hand, the learned APP for the State Sri Shailendra Kumar has opposed the prayer for bail and submitted that petitioner is a person of criminal antecedent.

6. Except confessional statement of co-accused, there is nothing against the petitioner in the entire case diary.

7. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No. 274 of 2022, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T