Vikash Kumar Mali @ Vikash Mali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14383 of 2022 Arising Out of PS. Case No.-313 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== VIKASH KUMAR MALI @ VIKASH MALI Son of Late Anil Prasad Mali @ Anil Kumar R/O - Gaighat Daxhini Gali (South Lane), P.S.- Alamganj, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 395/397 of the Indian Penal Code.
Earlier, prayer for bail of the petitioner was rejected vide order dated 04.10.2021 passed in Cr. Misc. No. 13479 of 2021 with liberty to him to renew his prayer for bail after framing of charge.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that now charge has been framed against the petitioner vide order dated 09.12.2021. He further submits that
Patna High Court CR. MISC. No.14383 of 2022(2) dt.30-03-2022 2/3 petitioner has sixteen criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 20.07.2019.
Considering the facts that charge has been framed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty 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 with Rajivnagar P.S. Case No. 313 of 2019, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in every week till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
Patna High Court CR. MISC. No.14383 of 2022(2) dt.30-03-2022 3/3 (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T