Patna High CourtCR. MISC./23054/2020bail granted

Vikas Kumar @ Vikas Goshwami v. The State Of Bihar

2021-02-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23054 of 2020 Arising Out of PS. Case No.-178 Year-2018 Thana- SARAI District- Vaishali ====================================================== VIKAS KUMAR @ VIKAS GOSHWAMI S/o Late Anil Giri Resident of House No.1843, Gali No.07, Arthla, Mohan Nagar, P.S.- Shahibabad, DisttGaziabad, (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and the State.

Mr. Nityanand Tiwary, learned counsel for the State has filed a counter affidavit on behalf of the Superintendent of Police, Vaishali at Hajipur. Let the same be kept on record. The petitioner seeks bail in a case registered for the offence under Sections 420, 406, 34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner had misappropriated public money to the tune of Rs. 5,15,985/-. The trial court was directed to conclude the trial preferably within a period of 9 months from the date of receipt/production of copy of the order.

Patna High Court CR. MISC. No.23054 of 2020(5) dt.03-02-2021 2/2 A report has been called for from the trial court. It has been reported that uptill now, not a single prosecution witness has been examined. The petitioner is in custody since 27-092018. He has remained in custody for more than two years. There is no likelihood of the trial being concluded in near future.

Considering the aforesaid facts and circumstances, the petitioner, named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 178 of 2018. (Sudhir Singh, J) A.K.V.//- U T