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Patna High CourtCR. MISC./72620/2023allowed

Vijay Kumar @ Gamlar v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72620 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== Vijay Kumar @ Gamlar Son Of Ram Sharan Ray R/O Village- Mahesa Farakpur, Ward No. 04, P.S.- Mahindwara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 333, 353, 307, 504, 506 and 354/34 of the Indian Penal Code.

3. As per allegation in the FIR, on getting secret information about theft of stolen vehicle, two accused persons, namely, Umesh Kumar and Rajesh Kumar were arrested and they disclosed the name of the petitioner as one of his associates and thereafter petitioner was arrested from his house. It is further alleged that other family members have also made an attempt to facilitate the escape of the petitioner and they attacked upon the police personnel.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72620 of 2023(2) dt.28-11-2023 2/2 that petitioner has been falsely implicated in this case. No one has received any injury in the alleged scuffle. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 7.11.2023 passed in Cr. Misc. No. 71670 of 2023. Petitioner is languishing in judicial custody since 30.8.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Mahindwara P.S. Case No. 128 of 2023.

(Sunil Kumar Panwar, J) sushma/- U