Vipul Sharma @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7492 of 2022 Arising Out of PS. Case No.-110 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== VIPUL SHARMA @ BIPIN KUMAR S/o Sri Nawal Kishor Sharma @ Nawal Kishor Thakur R/o village- Haripur Krishna, P.S.- Sakra, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Kumar, Adv For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 392 of IPC.

The FIR of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired only on the basis of the confessional statement of co-accused, namely, Rajbeer Singh @ Chotu. He further submits that nothing has been recovered from conscious

Patna High Court CR. MISC. No.7492 of 2022(2) dt.13-06-2022 2/3 possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and similarly situated co-accused, namely, Mithilesh Kumar @ Dara has been granted bail by this Court vide order dated 02.03.2022 in Cr. Misc. No.34094 of 2021 and the petitioner is in custody since 24.02.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries twenty more cases other than the present one. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shastri Nagar P.S. Case No.110 of 2020, with 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.7492 of 2022(2) dt.13-06-2022 3/3 for cancellation of bail.

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 antecedent, 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) Nitesh/- U T