Laddu Vishwakarma @ Laddu Mistry @ Pankaj Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41114 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Laddu Vishwakarma @ Laddu Mistry @ Pankaj Kumar Vishwakarma Son Of Ganesh Vishwakarma @ Ganesh Mistry Village- Katri Hill Baljori Bigha, P.SChadauti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2024 Heard Mr. Saurav Singh, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Civil Lines Gaya P.S. Case No. 292 of 2023, F.I.R. dated 01.05.2023 registered for the offences punishable under Sections 414, 467, 468/34 of the Indian Penal Code.

3. Allegation against the petitioner is of destroying and cutting a stolen truck in his garage.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.41114 of 2024(2) dt.03-07-2024 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the name of the petitioner has been transpired on the basis of disclosure made by co-accused persons namely Satyendra Vishwakarma and Dipu Kumar and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the name of the petitioner has been transpired on the basis of disclosure made by co-accused persons, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Lines Gaya P.S. Case No. 292 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

Patna High Court CR. MISC. No.41114 of 2024(2) dt.03-07-2024 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 witness, 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) Ibrar//- U T