Patna High CourtCR. MISC./79987/2023allowed

Vijay Yadav@ Vijay Kumar v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79987 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== VIJAY YADAV@ VIJAY KUMAR S/O DAYA NAND YADAV VILLAGEGARIYA,PS. PARBATTA, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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. As per prosecution case, while the informant was going to Kadwa by his motorcycle, in the meantime, three miscreants intercepted and snatched his motorcycle. Thereafter, they fled away towards Naugachiya.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light on the basis of confessional statement of co-accused Sumit Kumar @BDO. It is also submitted that it is a case of triable by Court

Patna High Court CR. MISC. No.79987 of 2023(2) dt.13-12-2023 2/2 of Judicial Magistrate. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 22.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the looted motorcycle was recovered from house of the petitioner.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Naugachia P.S. Case No. 280 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Naugachia at Bhagalpur.

(Sunil Kumar Panwar, J) Amandeep/- U T