Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83362 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Vishal Kumar Son of Sri Subodh Singh Resident of Mohalla - Badi Patan Devi, P.O. - Gulzarbagh, P.S. - Gulzarbagh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amitesh Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Giriyak P.S. Case No. 224 of 2023 lodged on 29.04.2023, for the offence punishable under Section 414 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner against whom there is an allegation that they used to do business of selling the motorcycle which was subject to theft.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the name of the petitioner has been figured in this case only by virtue of the disclosure made by the arrested

Patna High Court CR. MISC. No.83362 of 2024(3) dt.19-03-2025 2/3 accused persons who have disclosed that they used to do business of selling motorcycle in connivance with the accused petitioner. Counsel submits that nothing has been recovered from the petitioner's possession and the co-accused person who has disclosed the name of the petitioner i.e. Rahul Kumar has been granted bail by this Court vide order dated 09.11.2023 passed in Cr. Misc. No.70587 of 2023. Counsel further submits that petitioner is in custody since 15.07.2024 and the offence in which the case has been lodged is of magisterial triable. Counsel submits that anticipatory bail of the petitioner has earlier been rejected by this Court. Counsel further submits that criminal antecedent of the petitioner is not clean as there is one criminal case pending against him in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that co-accused Rahul Kumar has been granted bail by this Court.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail as well as on being satisfied by the Trial Court that the petitioner is not absconding in Rajauli P.S. Case No.457 of 2020, and on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.83362 of 2024(3) dt.19-03-2025 3/3 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 224 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T