Patna High CourtCR. MISC./68991/2019bail granted

Vivek Kumar v. The State Of Bihar

2019-11-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68991 of 2019 Arising Out of PS. Case No.-245 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Vivek Kumar Son of Subodh Yadav @ Subodh Kumar Resident of VillagePachlakh, Police Station- Khizersarai, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Belaganj PS case no. 245 of 2019 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is that while the informant was returning after performing puja, three accused persons had come on motorcycle and stopped his motorcycle, whereafter one of the accused, on pistol point, had tried to snatch the motorcycle and the cash being carried by the informant, however upon alarm being raised by the informant, co-villagers had arrived there, nonetheless the other two accused persons had fled away but the petitioner was apprehended.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.68991 of 2019(2) dt.20-11-2019 2/2 case, inasmuch as no incriminating article has been recovered from the possession of the petitioner and moreover, no pistol was recovered from the petitioner. Hence, it is submitted that the case of the petitioner is different from the two other accused persons. The petitioner is said to be having clean antecedent and he is languishing in custody since 18.07.2019. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-X, Gaya in connection with Belaganj PS case no. 245 of 2019. (Mohit Kumar Shah, J) rinkee/- U T