Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22655 of 2023 Arising Out of PS. Case No.-963 Year-2022 Thana- NAGAR District- Vaishali ====================================================== VINOD KUMAR Son of Late Sita Ram Resident of village-Atwarpur Pakari, P.S.-Lalganj, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogesh Chandra Verma, Sr.Advocate : Mr.Abhishek Kumar,Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023 Heard Mr. Yogesh Chandra Verma, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 22.12.2022 in connection with Hajipur Town P.S. Case No. 963 of 2022, F.I.R. dated 21.12.2022 registered for the offence punishable under Sections 420,414,467,468 of the Indian Penal Code.
3. Allegation against the petitioner is that he was apprehended by the police with one Ertiga Car bearing Registration No. BR-02V-4154 and on demand by the police, he did not produce the valid paper and the petitioner also using fake red colour board of Indian Government Heath Department
Patna High Court CR. MISC. No.22655 of 2023(4) dt.04-08-2023 2/3 which is not valid.
4. Learned senior counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and as per allegation in the FIR the petitioner was apprehended with one Ertiga Car bearing Registration No. BR02V-4154 and on demand the petitioner ha not produced the valid paper. Learned counsel for the petitioner submits that the petitioner was not apprehended from the Car, he was standing near the Car and the police has apprehended and falsely implicated the petitioner in the present case and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 22.12.2022.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries eight more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the petition.
6. Considering the aforesaid facts, 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 learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.22655 of 2023(4) dt.04-08-2023 3/3 Vaishali, Hajipur in connection with Hajipur Town P.S. Case No. 963 of 2022, with the following conditions:- (I) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) 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) Nitesh/- U T