Vijay Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84079 of 2023 Arising Out of PS. Case No.-362 Year-2016 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Vijay Kumar Jaiswal S/O- Late Ramkesh Prasad R/O VILLAGE- DIRKHILI, P.S.- DURGAWATI, DIST.- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 418, 419, 420, 384, 120(B), 34 IPC. 3.

Allegation against the petitioner is that he along with other co-accused persons crossed the truck from Bihar Border with the help of some Government employee causing revenue loss to the Government.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case. His name transpired in this case on the basis of confessional statement of co-accused. There is general and omnibus allegation against the petitioner. Petitioner has no

Patna High Court CR. MISC. No.84079 of 2023(2) dt.11-01-2024 2/2 criminal antecedent and similarly situated co-accused namely Ravindra Jaiswal @ Ravindra Jaiswal Jaiswal has been granted anticipatory bail by this Court vide order dated 15.12.2023 passed in Cr. Misc. No.79910 of 2023.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mohania P.S. Case No.362 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T