Patna High CourtCR. MISC./62793/2023bail granted

Vidya Kumar Singh @ Vidya Singh v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62793 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== VIDYA KUMAR SINGH @ VIDYA SINGH, Male, aged about 37 years, SON OF JAMUNA SINGH RESIDENT OF VILLAGE - KHIRIYANA, PSMAGADH MEDICAL, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Vashist, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Dhaneshwar Vashist, learned counsel appearing on behalf of the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Magadh Medical P.S. Case No. 192 of 2023 dated 15.04.2023 registered for the offence(s) punishable under Sections 414, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR which has been lodged by a police officer, two stolen motorcycles having same registration number bearing BR02AQ-9967 were parked in the house of co-accused, namely, Pawan Kumar. The said Pawan kumar has taken the name of the petitioner while he was

Patna High Court CR. MISC. No.62793 of 2023(2) dt.16-10-2023 2/3 in police custody.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has no relationship with said co-accused Pawan Kumar and due to enmity, in police custody or at the behest of the police, the name of the petitioner has been roped in the present case.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that name of the petitioner has been surfaced in the FIR on the basis of confessional statement made in police custody by co-accused, namely, Pawan Kumar and also the fact that the petitioner has clean antecedent and recovery of two stolen motorcycles has been made from the possession of the said Pawan Kumar, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in

Patna High Court CR. MISC. No.62793 of 2023(2) dt.16-10-2023 3/3 connection with Magadh Medical P.S. Case No. 192 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force (Purnendu Singh, J) Sanjay/- U T