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Patna High CourtCR. MISC./60289/2023allowed

Vikram Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 60289 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Vikram Kumar Son Of Sanjay Yadav @ Sanjay Prasad R/O Vill - Paharpur, Jamuhar, P.S. - Fatehpur, Distt. - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 467, 468 of the Indian Penal Code.

As per prosecution case, the petitioner was apprehended on the spot and from his possession one stolen motorcycle was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is a handicapped person and during recovery he was going for dressing of his leg wound and for reaching hospital he had only taken lift from one Ravi

Patna High Court CR. MISC. No. 60289 of 2023(2) dt.12-09-2023 2/2 Kumar , but when he saw police officials were coming he fled away from the place of recovery and due to suspicion the petitioner has made accused in this case. It is further submitted that section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.05.2023. This case is traible by Judicial Magistrate.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fatehpur P.S. Case No. 335 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U T