Vijay Kumar @ Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67576 of 2025 Arising Out of PS. Case No.-685 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Vijay Kumar @ Vijay Sah, aged about 35 years, Male, Son of Madan Prasad, Resident of Village- Mananpur, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Dwivedi, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 685 of 2024 instituted for the offences punishable under Sections 317(5), 338, 336(3), 340(2), 318(4) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on 12.12.2024, on the basis of information received from the informant, the SHO of P.S. Harsidhi reached the house of Md. Sahjad Ansari @ Sahajad Ahmad Ansari and intercepted two four wheelers and on being enquired, it was found that both the vehicles are stolen and allegedly the accused persons was running both the vehicles with the forged documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.67576 of 2025(2) dt.24-09-2025 2/3 falsely been implicated in this case. He submits that the seized vehicles have not been recovered from the conscious possession of the petitioner. He further submits that petitioner is not arrested at the spot and he has been made accused only on the basis of confessional statement of co-accused Sahjad Ahmad Ansari. He next submits that the main accused Sahajad Ahmad Ansari, who has already been granted bail by a co-ordinate Bench of this Court. Petitioner has got six criminal antecedent as stated in para 3 of the petition is in custody since 21.06.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-V, East Champaran, Motihari dated 22.08.2025, it appears that two stolen vehicles have been recovered from the house of coaccused Sahjaad Ahmad and not from the present petitioner. Petitioner has got six criminal antecedent as stated in para 3 of the petition. Two stolen vehicles which has been recovered from the co-accused Md. Sahjad Ansari @ Sahajad Ahmad Ansari has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 15646 of 2025 vide order dated 13.05.2025, so considering all these aspects of the case and submission of

Patna High Court CR. MISC. No.67576 of 2025(2) dt.24-09-2025 3/3 learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 685 of 2024. (Ramesh Chand Malviya, J) Anand Kr.

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