Vishwajeet Kumar Sah @ Sonu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23570 of 2021 Arising Out of PS. Case No.-306 Year-2019 Thana- EKMA District- Saran ====================================================== VISHWAJEET KUMAR SAH @ SONU GUPTA SON OF BHOLA SAH R/O VILLAGE- RAMGARH, P.S.- SISWAN (CHAINPUR O.P.), DISTRICT- SIWAN.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Ekma P.S. Case No. 306 of 2019 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code. As per allegation in the FIR, five accused persons including the petitioner entered in the branch of State Bank of India and on the point of pistol looted Rs. 58,700/- in cash. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in the present case. Nothing incriminating article has been recovered from possession of the petitioner. Petitioner is in custody since 01.10.2020. Learned

Patna High Court CR. MISC. No.23570 of 2021(3) dt.17-11-2021 2/3 counsel further submits that co-accused Rajesh Pandit has been granted bail by a co-ordinate Bench of this Court vide order dated 14.12.2020 passed in Cr. Misc. No. 28255 of 2020. Similarly, co-accused Abhishek Tiwari @ Abhishek has been granted bail by a co-ordinate Bench of this Court vide order dated 29.01.2021 passed in Cr. Misc. No. 36301 of 2020. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Additional Chief Judicial Magistrate-I, Chapra in connection with Ekma P.S. Case No. 306 of 2019, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.23570 of 2021(3) dt.17-11-2021 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T