Allowed

Niraj Kumar v. the State of Bihar

Patna HC3 Apr 2024CR. MISC./19682/2024

Case brief

AI extract

What is this about?

Petitioner sought bail in a criminal case involving theft under Section 392 IPC. High Court granted bail after framing of the charge, considering false implication and grant of bail to a similarly situated co-accused.

What did the court decide?

Bail granted after framing of charge on furnishing bail bond with two sureties and condition of physical presence before Trial Court if charge-sheet not submitted.

Niraj Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19682 of 2024

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Arising Out of PS. Case No.-394 Year-2023 Thana- ATRI District- Gaya

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

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Niraj Kumar, aged about 28 years (Male), Son Of Ajay Kumar Prasad @ Ajay Prasad, Resident Of Village - Bhusanda, Police Station - Muffasil, District - Gaya

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 03-04-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in a case registered

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for the offence under Section 392 of the Indian Penal Code.

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As per the prosecution case, 2-3 unknown accused persons intercepted the vehicle of the informant, took the informant into their vehicle and thereafter stolen the vehicle of the informant.

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Learned counsel for the petitioner has submitted that petitioners have falsely been implicated in this case. He next submits that there is no recovery from the possession of the petitioner and petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 03.10.2023. He next submits that similarly situated coaccused has already been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 8150 of 2024.

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Patna High Court CR. MISC. No.19682 of 2024(2) dt.03-04-2024 2/2

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Learned APP appearing for the State,

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opposes the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the fact that similarly situated co-accused has been granted bail, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Atri P.S. Case No.394 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya.

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The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Niraj Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj 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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