Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10943 of 2023 Arising Out of PS. Case No.-507 Year-2022 Thana- SONEPUR District- Saran ====================================================== Vijay Kumar Son Of Mohan Mahato R/O Vill.- Govind Chak, P.S.- Sonepur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Mishra, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2023 Prayer for pass over has been made by the learned counsel for the petitioner though learned APP is present. The petitioner is in custody since 16.07.2022 in connection with Sonepur P.S. Case No. 507 of 2022 for the offence under Section 414/34 of the I.P.C. lodged on 15.07.2022 by the informant Jeetmohan Kumar.

The prosecution story, in brief, is that the informant on 15.07.2022, got information that two stolen motorcycle has been kept at Govindchak and on the same day he along with police force raided and recovered a scooty and motorcycle in front of the house of Ranjan Kumar Singh (accused). On the spot, both accused persons have been arrested and they did not produce the papers.

Considering the period of custody i.e. 16.07.2022 (as

Patna High Court CR. MISC. No.10943 of 2023(2) dt.10-05-2023 2/3 stated in para 9 of the petition) as also the fact that petitioner will be appearing before the trial court diligently, this Court is inclined to extend him the privilege of bail with conditions in view of the fact that he has criminal antecedent. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No. 507 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.10943 of 2023(2) dt.10-05-2023 3/3 cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the application is allowed.

(Rajiv Roy, J) ravi/kiranU T