Bipul Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13269 of 2024 Arising Out of PS. Case No.-786 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Bipul Verma Son Of Binod Verma Resident Of Village- Professor Colony, Ward No. 25, Ps- Forbesganj, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s:
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-04-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 786 of 2021 for the offence registered under Sections 457 and 380 of the Indian Penal Code lodged on 28.09.2021 by the informant Sawan Kumar Chaudhary.
3. As per the prosecution story, the allegation in the F.I.R. is that the accused persons committed theft which included Rs. 5,35,000/- as well as jewelries. The picture of the petitioner was caught in the C.C.T.V. footage, and accordingly, his bail application was earlier rejected in Cr. Misc. No. 71416 of 2021 on 26.05.2022.
4. This is his second attempt in which a report was
Patna High Court CR. MISC. No.13269 of 2024(3) dt.10-04-2024 2/3 called for and as per the report dated 01.03.2024 issued by the learned A.C.J.M.-1, Araria, three prosecution witnesses are still to be examined.
5. Learned Counsel for the petitioner submits that he has suffered by being in custody since 01.10.2021 (Paragraph11) and further, if granted relief, he shall be diligently appearing in the trial.
6. Taking into account, the period of custody as also that there is delay in conclusion of the trial, this Court is inclined to extend relief to him with strict condition.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 786 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.13269 of 2024(3) dt.10-04-2024 3/3 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 till conclusion of the trial to mark 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 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 the bail bonds. (Rajiv Roy, J) Guddu/- U T