Kumar Vivek Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62029 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

Kumar Vivek Bhushan S/o Late Pashupati Chand R/v- Chapra Sandha, P.S.- Chapra Muffasil, District- Saran (Chapra) 2.

Kumar Vikash Bhushan S/o Late Pashupati Chand R/v- Chapra Sandha, P.S.- Chapra Muffasil, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, petitioners along with four unknown persons came at the school of informant and started creating nuisance by hurling abuses and assault. The accused persons also took out cash of Rs. 30,000/- and key of his car bearing registration no. BRO1CS5845 from the drawer of his office table and fled away taking his car.

It is submitted that petitioners have been falsely

Patna High Court CR. MISC. No.62029 of 2022(3) dt.19-06-2023 2/2 implicated in this case. As a matter of fact, petitioners have got two cars and the informant demanded his car for a marriage ceremony of his relative. The petitioners handed over one of his car to the informant which met with an accident. The petitioners requested the informant to get their car repaired, but he avoided on one pretext or the other. The petitioners repaired the car on their own cost of Rs. 60,000/- and demanded Rs. 60,000/- from the informant, thereafter, the informant lodged this false case. No car as described in the FIR has been recovered from possession of petitioners. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, Saran in connection with Baniapur P.S. Case No. 99 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T