Abhishek Kumar @ Abhishek Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30043 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== ABHISHEK KUMAR @ ABHISHEK RAY S/O VILLAGE KARANPURA, PS GANGA BRIDGE, DISTRICT VAISHALI ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-11-2021 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 Ganga Bridge P.S. Case No. 81 of 2020 registered for the offences punishable under Section 392 of the I.P.C.

According to prosecution case, on 21.09.2020 at 3:05 PM. four unknown miscreants entered into a Bank and on the point of pistol looted Rs. 19,35,550/- cash from the counter of cashier and fled away from there.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.30043 of 2021(2) dt.24-11-2021 2/3 implicated in the present case. Petitioner is not named in the FIR. Name of the petitoner transpired on the basis of suspicion only. Petitioner is in custody since 21.01.2021. Learned counsel further submits that co-accused Karan Raj @ Karn Raj has been granted bail by a co-ordinate Bench of this court vide order dated 04.01.2021 passed in Cr. Misc. No. 38182 of 2020. Similarly, co-accused Rajnath Singh @ Ganuar Singh has been granted bail by a co-ordinate Bench of this court vide order dated 21.10.2021 passed in Cr. Misc. No. 29225 of 2021. 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. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 81 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

Patna High Court CR. MISC. No.30043 of 2021(2) dt.24-11-2021 3/3 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) shahzad/- U T