Viven Choudhary @ Vivesh Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4665 of 2022 Arising Out of PS. Case No.-439 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Ankit Kumar @ Aryan, Male, aged about 22 years, Son of Late Uttam Prasad Barnwal @ Uttam Kumar, Resident of Village - Nadraganj, Malha Toli Lalo Gali, Gaya , P.S.- Civil Lines, Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks from today. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 439 of 2020 registered for the offences punishable under Section 379 of the Indian Penal Code and later on Section 411 of the IPC is added.

The petitioner is alleged to have committed theft of motorcycle and is stated to be dealing with stolen property. Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. Learned counsel further submitted that the petitioner has been made accused in number

Patna High Court CR. MISC. No.4665 of 2022(2) dt.08-06-2022 2/3 of cases in stock manner and some of cases has been registered under a similar police station in the same year which were earlier against unknown and petitioner has been falsely implicated in all such cases. The petitioner is in custody since 26.11.2020.

Learned APP has opposed the submission made on behalf of the petitioner stating that the petitioner is a habitual offender and large number of cases are registered against him. Having regard to the aforesaid fact and submission made hereinabove and considering the detention period of the petitioner, coupled with the allegation against him, let the petitioner above named 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 the learned Additional Chief Judicial Magistrate-1st, Gaya in connection with Wazirganj P.S. Case No. 439 of 2020, subject to the following conditions:

(i) One of the bailors will be a close relative of the petitioner, preferably one of his parents.

(ii) The petitioner will remain present on each and every date fixed by the court below and not delay the trial. In case of absence for three consecutive dates or in violation of the

Patna High Court CR. MISC. No.4665 of 2022(2) dt.08-06-2022 3/3 terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.

(iii) The petitioner will not indulge in similar or in any other offence.

(iv) The bail bond shall be accepted after framing of charge.

(Arun Kumar Jha, J) Anand Kr.

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