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Vijay Kumar v. The State of Bihar

Patna HC24 Apr 2023CR. MISC./2572/2023

Case brief

AI extract

What is this about?

Bail application for a petitioner accused with others under IPC sections 399, 402, 413, 414 and Arms Act provisions after police apprehension; only a mobile phone and a motorcycle were recovered. Court granted regular bail on bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner enlarged on bail on bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of C.J.M., East Champaran at Motihari.

Vijay Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2572 of 2023

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Arising Out of PS. Case No.-456 Year-2022 Thana- HARSIDHI District- East Champaran

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======================================================

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VIJAY KUMAR Son of Brij Kishore Singh @ Brij Kishor Singh Resident of Village- Manjhar, P.S.- Turkauliya, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 24-04-2023 Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

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As per prosecution case, the police personnel received a message that 4-5 accused persons armed with weapons have assembled with a plan to commit a crime and also trying to sale and purchase motorcycle. It is further alleged that petitioner

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Patna High Court CR. MISC. No.2572 of 2023(3) dt.24-04-2023 2/3

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along with other co-accused apprehended on spot and on search, a mobile and motorcycle were recovered from the possession of the petitioner.

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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 only one mobile was recovered from the conscious possession of the petitioner. The motorcycle, which was recovered from the petitioner is not stolen and it’s belongs to his friend, which is annexed as annexure-2 with this petition. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 19.09.2022.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 C.J.M.,

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Patna High Court CR. MISC. No.2572 of 2023(3) dt.24-04-2023 3/3

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East Champaran at Motihari in connection with Harsidhi P.S. Case No. 456 of 2022.

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(Sunil Kumar Panwar, J)

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arish/-

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U T

Vijay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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