Vikky Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12351 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== VIKKY RAJBANSHI SON OF JAWAHAR RAJBANSHI R/O VILLAGEKARAMCHAK, P.S.- ATARI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and has antecedent of one case and charges have also been framed.

Allegation is of looting the bag by unknown criminal containing Rs.14,42,170/-.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the name of the petitioner came in the confessional statement of co-

Patna High Court CR. MISC. No.12351 of 2022(2) dt.12-05-2022 2/3 accused Pappu Kumar. Learned counsel further submits that thereafter the petitioner was arrested and during course of investigation, it transpired that based on confession of the petitioner an amount of Rs.36,000/- was recovered from the house of Urmila Devi, Rs.28,000/- was recovered from the house of Shaily Devi and Rs.16,000/- was recovered from the house of Anil Kumar. Learned counsel also submits that though it is alleged that based on confession of the petitioner, the aforesaid amount was recovered but none of the persons from whose house the money was recovered have been made an accused that in itself demonstrates that the money belongs to them and was not looted money.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr. No. 333 of 2021 arising out of

Patna High Court CR. MISC. No.12351 of 2022(2) dt.12-05-2022 3/3 Nardiganj P.S. Case No. 40 of 2021, subject to the condition that one of the bailors of the petitioner shall be his father Jawahar Rajbanshi and further the petitioner will appear on day-to-day basis in the trial and in the event if the petitioner does not appear on two consecutive dates, the learned court below shall forthwith cancel the bail bond of the petitioner and further if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner then in that event the learned court below shall forthwith cancel the bail bond of the petitioner by recording reasons.

(Satyavrat Verma, J) Kundan/- U T