Baiju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74983 of 2023 Arising Out of PS. Case No.-479 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Baiju Kumar Son of Ajay Chaudhary R/O Village- Kaldaspur, P.S.- Chandauti, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rampur P.S. case No. 479 of 2023 instituted for the offences under Sections 414, 420, 467, 468/34 of the Indian Penal Code.
3. As per prosecution case, in course of checking of the vehicles, the petitioner along with the co-accused person tried to flee away leaving behind red colored Apache Motorcycle bearing Reg. No. BR01EA-8125. The petitioner was arrested by the police and was asked to produce the document but, the petitioner did not produce any document. On investigation, it was found that the registration number has been issued to Honda Motorcycle in favour of Vangesh Kumar. On
Patna High Court CR. MISC. No.74983 of 2023(2) dt.02-12-2023 2/3 further enquiry, it was also found that the Apache Motorcycle was stolen one.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is in judicial custody since 25.07.2023. It has further been submitted that the petitioner has not committed any offence as alleged in the F.I.R. and the petitioner has been made the victim of circumstance. The petitioner has one criminal antecedent of the Excise Act as has been stated in paragraph no.3 of the present bail application. The charge-sheet has been submitted by the police in this case.
5. Learned counsel for the petitioner submits that coaccused/Abhijeet Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 08.11.2023 passed in Cr. Misc. No. 71185 of 2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, 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 Court below/concerned
Patna High Court CR. MISC. No.74983 of 2023(2) dt.02-12-2023 3/3 Court in connection with Rampur P.S. case No. 479 of 2023. (Rudra Prakash Mishra, J) rishi/- U T