Vishal @ Vishal Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18923 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vishal @ Vishal Choubey Son of Sri Sanjay Chaubey Resident of Village - Jokaha, P.S.- Barauli, Distt.- Goipalganj, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-10-2022 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 a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, three accused persons on the point of knife robbed the informant of Rs.5,000/- in cash, ATM card besides other articles as described in the F.I.R. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that in fact the petitioner was not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis information given

Patna High Court CR. MISC. No.18923 of 2022(4) dt.12-10-2022 2/3 by the Spy. He further submits that no cogent material has come during investigation against the petitioner and nothing has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Sikandra Dhanuk @ Sikandra Mahto has been granted bail by a co-ordinate Bench of this Court vide order dated 28.01.2022 passed in Cr. Misc. No. 45004 of 2021 and another co-accused, namely, Vishal Kumar Kushwaha has been granted bail by a co-ordinate Bench of this Court vide order dated 05.04.2022 passed in Cr. Misc. No. 54563 of 2021. The petitioner is in custody since 11.02.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with Sidhwaliya P.S. Case No. 14 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.18923 of 2022(4) dt.12-10-2022 3/3

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 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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