Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24494 of 2021 Arising Out of PS. Case No.-849 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VIJAY KUMAR SON OF PREM LAL RAI RESIDENT OF VILLAGEBASAULI NANHAKAR, P.S.- BOCHAHAN, DISTRICT- MUZAFFARPUR ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, 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.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Ahiyapur P.S. Case No. 849 of 2020 registered for the offences punishable under Sections 399, 402, 401, 414, 34 of the Indian Penal Code, Section 20/22 of the NDPS Act and Sections 25(1-b), 26, 35 of the Arms Act.

Petitioner along with other accused are said to have been assembled to make preparation for committing crime and from possession of the petitioner one live cartridge was recovered.

Patna High Court CR. MISC. No.24494 of 2021(2) dt.17-11-2021 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that petitioner has no concern with the motorcycle in question. Petitioner has clean antecedent and he is in custody since 10.11.2020.

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. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 849 of 2020, 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.24494 of 2021(2) 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