Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79815 of 2024 Arising Out of PS. Case No.-353 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Vikash Kumar Son of Naval Singh @ Nawal Mahto Resident of Village - Mohandih, Ward No. 14, Police Station - Dumra, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dumara P.S. Case No. 353 of 2024 instituted for the offence under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that police during course of patrolling inquired about one parked motorcycle and petitioner was unable to produce the valid documents of the motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-08-2024. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.79815 of 2024(2) dt.14-11-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is named in the FIR. It is submitted that petitioner has no concern with the motorcycle and the same is planted. There is no compliance of Section 103 of the BNSS, 2023. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court in connection with Dumara P.S. Case No. 353 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.79815 of 2024(2) dt.14-11-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T