Viranjan Kumar @ Niranjan Kumar @ Biranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2869 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- Pura police station District- Gaya ====================================================== Viranjan Kumar @ Niranjan Kumar @ Biranjan Kumar, S/O Vijendra Sharma, resident of Village- Bandopur PS- Karpi District- Arwal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Pura P.S. Case No. 24 of 2024, registered for the alleged offence under Sections 341, 323, 392/34 of the Indian Penal Code.
3. As per prosecution case, the informant gave his tempo to one Deepak Kumar for running it on hire. Four unknown miscreants snatched tempo from Deepak Kumar after tying his hand with belt. They also took away Rs.500/-, Aadhar Card and mobile phone from the driver. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Kaushal Kumar @ Akash Kumar.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2869 of 2025(3) dt.14-02-2025 2/3 petitioner is innocent and has been falsely implicated in this case on the basis of so-called confessional statement of coaccused Kaushal Kumar @ Akash Kumar. Though recovery of looted tempo is stated to be made from the house of the petitioner, but the petitioner has purchased the tempo from the co-accused Kaushal Kumar @ Akash Kumar at the cost of Rs.50,000/-, out of which, Rs. 36,000/- was paid in installment and rest was to be paid thereafter. The learned counsel further submits that there are number of whatsapp messages between the petitioner and co-accused Kaushal Kumar, which shows the petitioner has no knowledge about the tempo being stolen one.
The learned counsel further submits that earlier the petitioner was not having any criminal antecedent, but after lodging the present case, he has been made accused in three more cases. The petitioner, who is a student of BA Part I, is in custody since 09.09.2024 and charge sheet has been submitted. The other coaccused persons have been granted bail vide orders dated 23.10.2024 & 10.01.2025 passed in Cr. Misc. No. 75477/2024 & 89515/2024, respectively.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.2869 of 2025(3) dt.14-02-2025 3/3 submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to 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 learned Judicial Magistrate-1st Class, Gaya/concerned Court in connection with Pura P.S. Case No. 24 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T