Vishnu Kumar Sao @ Vishnu Sao @ Vicky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32084 of 2018 Arising Out of PS.Case No. -149 Year- 2015 Thana -MADANPURA District- AURANGABAD ====================================================== Vishnu Kumar Sao @ Vishnu Sao @ Vicky, S/o Sri Bhuneshwar Saw, R/o Vill.- Darudih, P.S.- Lesliganj, District- Palamu (Jharkhand). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate For the S t a t e : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 06.09.2016 in connection with Madanpur P.S. Case No.149 of 2015 giving rise to S.Tr. No.151/2017/701/2017 initially registered for the offence under Section 392 of the Indian Penal Code. Subsequently, Sections 395 and 412 of the I.P.C. were also added.
Learned counsel for the petitioner submits that the sole ground on which the prayer for bail of the petitioner has been rejected by the learned Sessions Judge was his criminal antecedent. However, there is no recovery from the petitioner. It is further submitted that despite lapse of almost one and a
Patna High Court Cr.Misc. No.32084 of 2018 (3) dt.28-06-2018 2/3 half years, the petitioner has not been placed on T.I. Parade and only on the basis of the confessional statement made before the police, the petitioner is languishing in jail. Considering the aforementioned facts and circumstances and that the petitioner shall abide by the terms and conditions as fixed by this Court, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ad hoc Additional District & Sessions Judge, Fast Track Court-VII, Aurangabad, in connection with Madanpur P.S. Case No.149 of 2015 giving rise to S.Tr. No.151/2017/701/2017, subject to the following conditions:
(1) One of the bailors will be the father of the petitioner.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
Patna High Court Cr.Misc. No.32084 of 2018 (3) dt.28-06-2018 3/3
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T