Patna High CourtCR. MISC./25083/2024bail granted

Vinod Kumar Singh @ Binod Kumar Singh Alias Babu Sah @ Babu @ Pahalwanab Alias Pahalwan v. The State Of Bihar

2024-10-25Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25083 of 2024 Arising Out of PS. Case No.-56 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Vinod Kumar Singh @ Binod Kumar Singh @ Babu Sahab @ Pahalwan S/O Ashok Kumar Singh R/O Village Maa Durga Nagar, Balu Kowri, Chaksakara, P.S.Sadar Hajipur, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-10-2024 Heard Mr. Shivanand Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in connection with Sess. Tr. No.402/2022 arising out of Bidupur P.S.Case No.56 of 2021 for the offences punishable under Sections 395, 412 and 120(B) of the Indian Penal Code.

3. The petitioner had earlier moved before this Court for grant of regular bail by filing Cr. Misc. No. 58853 of 2021 which was rejected by this Court on 27.04.2022 with a liberty to the petitioner to renew his prayer for bail, if no substantial progress takes place in the trial and again the prayer for bail of the petitioner was rejected vide order dated 22.02.2023 passed

Patna High Court CR. MISC. No.25083 of 2024(4) dt.25-10-2024 2/3 in Cr. Misc. No.1844 of 2023 with a liberty to the petitioner to raise objection if the witnesses are not produced before the trial court.

4. The petitioner has renewed his prayer for bail on the ground that the trial is being delayed and all the accused persons named in the FIR even those from whose house recovery of looted amount has been made, have been released on bail. The petitioner has relied on the orders passed by the Coordinate Benches of this Court dated 12.05.2023 in Cr. Misc. No.17534 of 2023, dated 14.02.2023 in Cr. Misc. No.53466 of 2022, dated 28.09.2022 in Cr. Misc. No.67507 of 2021, dated 28.09.2022 in Cr. Misc. N.63495 of 2021, dated 28.09.2022 in Cr. Misc. No.63805 of 2021, dated 28.09.2022 in Cr. Misc. No.61399 of 2021 and dated 28.09.2022 in Cr. Misc. No.57607 of 2021.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

6. Considering the aforementioned facts and circumstances of the case, as well as, considering the stage of the trial and no recovery has been made from the house of the petitioner, name of the petitioner has transpired on the basis of confessional statement of the co-accused Gautam Choudhary

Patna High Court CR. MISC. No.25083 of 2024(4) dt.25-10-2024 3/3 from whose possession recovery of the looted amount has been made, has already been released on bail and the petitioner is in custody since 22.02.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, Vaishali at Hajipur, in connection with Sess. Tr. No.402 of 2022 arising out of Bidupur P.S.Case No.56 of 2021, subject to the following conditions:- (1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court concerned.

(3) If the petitioner tampers with the evidence or the witnesses of the case, the prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail, the trial court shall take steps to cancel his bail bond.

(5) The district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force. (Purnendu Singh, J) chn/- U