Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73232 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Varun Kumar Son of Gopal Sah Resident of village -Adarsh Mohalla Ward no 18, Nagar Parishad Triveniganj, PS- Triveniganj, District- Supaul State Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 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 section 392 of the Indian Penal Code.

3. The case of the prosecution is that the informant namely, Jai Kumar Yadav was going to village Kasha, as he reached near Kalbhat, two persons who have covered their face, stopped the bike of the informant and they tried to snatch the key of the vehicle, meanwhile two boys came from behind and assaulted the informant on his head and he was alighted from

Patna High Court CR. MISC. No.73232 of 2024(3) dt.21-01-2025 2/3 his bike. All the miscreants took away the bike of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the name of petitioner has surfaced during investigation in the confessional statement of Dheeraj and Raushan. It has also been submitted that Dhiraj Kumar and Raushan has been granted bail by the trial court itself. From perusal of the case diary, it also transpires that the petitioner has also given his confessional statement and on the basis of the confessional statement, the stolen bike was recovered. It is further submitted that the petitioner is languishing in judicial custody since 13.04.2024.

5. Mr. Damodar Prasad Tiwary, learned APP appearing for the state has opposed the prayer of regular bail and submits that petitioner is having criminal antecedent of one case.

6. 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 Triveniganj P.S. Case No. 449 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.73232 of 2024(3) dt.21-01-2025 3/3 satisfaction of learned A.C.J.M., Supaul.

(Ashok Kumar Pandey, J) Sudhanshu/- U T