Vishwakarma Kumar @ Vishwakarma Chaudhary @ Nishant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11952 of 2025 Arising Out of PS. Case No.-345 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Vishwakarma Kumar @ Vishwakarma Chaudhary @ Nishant Kumar S/O Raj Kishore Singh R/O- Village- Srirampur Thutti, P.S- Parbatta, DistrictKhagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that while he was returning from a photo shoot, three persons stopped him and forced him to take photographs and subsequently they assaulted the informant and snatched the camera and fled away.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and his name has transpired in the present case only when he was arrested in one Parbatta P.S. Case No. 346 of 2023 and in a confessional
2/4 statement was taken wherein the petitioner has confessed about his involvement in the present case. Learned counsel next submits that the camera which was snatched in the present case though is said to have been recovered from the petitioner, however, till date, no TIP has been done in order to ascertain the veracity of the prosecution case. Learned counsel further submits that the petitioner though is named in six criminal cases which was prior to the present case and he is in custody in the present case since 05.09.2023 i.e., for almost two years.
5. The learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that petitioner was apprehended along with the camera which belongs to the informant of the present case.
6. Considering the aforesaid submissions and taking into account the period of custody, 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 the learned court below where the case is pending/successor court in connection Parbatta P.S. Case No. 345 of 2023, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in
3/4 Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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.
(vi) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Khagaria within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation
4/4 of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
(Sourendra Pandey, J) Siwani/- U T