Patna High CourtCR. MISC./81073/2023allowed

Vishal Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81073 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== VISHAL KUMAR SON OF SHIV NANDAN PRASAD YADAV R/O VILLAGE- SON BIGHA, P.S.- TANKUPPA, DIST.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379, 420, 427, 34 of the IPC.

3. As per prosecution case, the allegation against the petitioner is that he has been caught red handed while tampering the ATM machine and on search there has been recovery of some ATM Cards, motorcycle and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that no incriminating article has been recovered from the conscious possession of the petitioner rather the as alleged motorcycle belongs to the

Patna High Court CR. MISC. No. 81073 of 2023(2) dt.15-12-2023 2/2 petitioner and stands in the name of his brother, who has sworn affidavit, mobile and ATM of PNB belongs to the petitioner. On the basis of suspicion, petitioner has been implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 23.09.2023.

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 as well as period of custody, 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 Chief Judicial Magistrate, Gaya in connection with Vishnupad P.S. Case No. 255 of 2023. (Sunil Kumar Panwar, J) Arish/- U T