Bibhishan @ Bibhishan Kumar @ Bhawishan Kumar @ Bibhishan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4683 of 2023 Arising Out of PS. Case No.-548 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Bibhishan @ Bibhishan Kumar @ Bhawishan Kumar @ Bibhishan Paswan S/O Ashok Paswan R/v- Parmanandpur, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 14.06.2022, in connection with Khagaria (Muffasil) P.S. Case No. 548 of 2022, F.I.R. dated 12.06.2022 registered for the offences punishable under Section 395 of the Indian Penal Code.

The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of

Patna High Court CR. MISC. No.4683 of 2023(2) dt.27-04-2023 2/3 co-accused person namely Prince Kumar @ Prince Yadav. He further submits that it appears from the seizure list that Rs. 1500/- and one mobile of Jio Company was recovered from the possession of the petitioner and co-accused Prince Kumar has been granted bail vide order dated 29.09.2022 passed in B.A. No. 1697 of 2022 by the learned District & Sessions Judge, Khagaria and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 14.06.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one more case other than the present one in which he is on bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 548 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.4683 of 2023(2) dt.27-04-2023 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T