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Patna High CourtCR. MISC./12356/2024bail granted

Rupesh Vishwakarma @ Pankaj v. The State Of Bihar

2024-04-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12356 of 2024 Arising Out of PS. Case No.-388 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Rupesh Vishwakarma @ Pankaj Son of Suresh Vishwakarma R/o Village - Sinderiya, P.S.- Bhawnathpur, District- Garhwa (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Adv Mr. Mayank Raj, Adv Mr. Sushant Kishore, Adv For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Aurungabad Nagar P.S. Case No. 388 of 2023 registered on 06.06.2023 under Sections 394 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against three named accused persons with an allegation that he has been involved in dacoity jewelery shop.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 17.06.2023 having 22 criminal case pending

Patna High Court CR. MISC. No.12356 of 2024(3) dt.18-04-2024 2/3 against him, in which he is on bail. He further submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P. He further submits that police has started inserting his name unnecessarily in different cases one after the other total of 22 cases and only due to this reason the present case has also been filed against him. Counsel further submits that in some cases he has been acquitted as he is law abiding citizen therefore, he is in bail in all cases except the present one in which he is persuading for bail.

5. Learned counsel for the State opposes the prayer for bail and submits that case diary has been called for and from paragraph 8 of the case diary, petitioner has 22 antecedents.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail three months after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in

Patna High Court CR. MISC. No.12356 of 2024(3) dt.18-04-2024 3/3 connection with Aurungabad Nagar P.S. Case No. 388 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U