Vishwajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16004 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- DESARI District- Vaishali ====================================================== Vishwajeet Singh Son of Virendra Kishore Singh @ Tantan Singh Resident of Village - Balarakishun, P.S.- Maniyari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-06-2020 The matter has been taken up through virtual court proceeding.

Heard learned counsels for the petitioner and the State.

The petitioner, who is languishing in custody since 24.07.2019, has preferred the present application for grant of bail in a case registered for the offence punishable under Section 392 of the IPC.

The prosecution case, as per the written report of Ranjan Kumar Yadav, submitted to the S.H.O., Desri (Chandpura O.P.) Police Station is to the effect that on 02.03.2019, the informant after attending a marriage ceremony, was returning by his Hero Honda motorcycle, but on the way, his motorcycle, a gold chain and mobile phone were robbed off

Patna High Court CR. MISC. No.16004 of 2020(2) dt.09-06-2020 2/3 by unknown persons, leading to registration of FIR against unknown accused persons. During investigation, the name of the petitioner transpired on the confession of apprehended coaccused persons. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner and the petitioner has not been put on T.I. Parade. It is further submitted that investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioner is accused in one other case also in which, he is on bail.

Learned counsel for the State submits that the name of the petitioner sprang up during investigation. Considering the fact that the petitioner has not been put on T.I. Parade, period under custody, coupled with the fact that the investigation has already been concluded, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with (Desari Chandpur O.P.) P.S. Case No. 60 of 2019.

However, in view of the present pandemic COVID-

Patna High Court CR. MISC. No.16004 of 2020(2) dt.09-06-2020 3/3 19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with (Desari Chandpur O.P.) P.S. Case No. 60 of 2019.

The learned Court below will be at liberty to extend the further period of provisional bail if the lockdown is not over in next three months.

(Dinesh Kumar Singh, J) Amrendra/- U T