Patna High CourtCR. MISC./72693/2023bail granted

Vijay Kumar Shah @ Vijay Shah v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72693 of 2023 Arising Out of PS. Case No.-471 Year-2023 Thana- PATNA GRP CASE District- Patna ====================================================== Vijay Kumar Shah @ Vijay Shah S/O Late Laxmi Prasad Sah R/O VillageNiyamatpur, P.S- Rajauli, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 414/34 of the Indian Penal Code.

3. As per the prosecution case, five stolen mobiles has been recovered from the possession of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He is in custody since 10.06.2023. It is further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate benches of this Court co-accused namely Nitish Kumar vide Cr. Misc. No. 64790 of 2023 dated 12.10.2023 and co-accused namely Raushan Kumar vide Cr.

Patna High Court CR. MISC. No.72693 of 2023(2) dt.09-11-2023 2/2 Misc. No. 67175 of 2023 dated 17.10.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact that similarly situated coaccused persons have been granted bail by a co-ordinate benches of this court, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna/concerned Court below in connection with Rail P.S. Patna Junction (Rajendra Nagar) Case No. 471 of 2023 subject to condition that:- 7(i) The petitioner will mark his attendance at the Rail P.S. Rajendra Nagar Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T