Vishnukant Kumar @ Bishnukant Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18262 of 2021 Arising Out of PS. Case No.-97 Year-2019 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== VISHNUKANT KUMAR @ BISHNUKANT KUMAR @ CHHOTU SON OF ARUN SINGH @ ARUN KUMAR R/O VILLAGE- BARAH, P.S.- PUNPUN, DISTRICT- PATNA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Adv For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with S. Tr. No. 358/2020 arising out of G.R.P. Jehanabad (Taregana) P.S. Case No. 97 of 2019 registered under Sections 395 and 397 of the Indian Penal Code.
Petitioner is alleged to be involved in a robbery in the train. The petitioner is not named in the FIR but based on the investigation he has been implicated. He has been identified by
Patna High Court CR. MISC. No. 18262 of 2021(2) dt.26-10-2021 2/3 three witnesses during the Test Identification Parade. Learned counsel for the petitioner draws the attention of this Court towards the order dated 24.2.2020 passed in Cr. Misc. No. 314 of 2020, whereby this Court has rejected the petitioner's prayer for bail with liberty to renew his prayer after framing of charge. As per submission of the petitioner's counsel, charge has been framed on 10.12.2020. Since then none has been examined at the trial. He is stated to be man of clean antecedent and he was a booking clerk working on contract basis. It is submitted that on hearing hulla, he also went to the scene of crime and so he has been identified by some witnesses. He is stated to be in custody since 15.11.2020. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 learned Additional District and Sessions Judge- XXIV, Patna in S. Tr. No. 358/2020 arising out of G.R.P. Jehanabad (Taregana) P.S.
Patna High Court CR. MISC. No. 18262 of 2021(2) dt.26-10-2021 3/3 Case No. 97 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) SUMIT/- U T