Vijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66234 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Vijendra Kumar S/O Late Rajendra Sao Village Niyamatpur, P.S Mahkar, District Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397, 412 of the Indian Penal Code.

3. The prosecution case, in nutshell is that 15-20 unknown miscreants entered in the premises of godown and looted the Electric equipment. It is further alleged that after one hour, the petitioner along with co-accused persons were arrested while loading the looted materials in pick up van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is named in the FIR but he has no concern with the seized both auto which have been recovered from the place of

Patna High Court CR. MISC. No.66234 of 2023(4) dt.23-01-2024 2/2 occurrence. The informant has also not mentioned the Reg. No. of both auto from where looted articles have been recovered. Neither the petitioner was arrested It is further submitted that chargehseet has been submitted against the petitioner. Moreover, similarly situated co-accused namely, Jaiki Prasad Yadav has already been granted bail by this Court vide order dt. 1.5.2023 passed in Cr. Misc. No. 7106 of 2023 and in support of this Annexure-2 has been annexed with this petition. The petitioner is languishing in judicial custody since 25.7.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 95 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Gaya.

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