Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34107 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== ANIKET KUMAR Son of Vijay Kumar Resident of Village - Changar, Ashok Nagar, kankarbagh, P.S.- Kankarbagh, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 392 of IPC in connection with Budha Colony P.S. Case No. 63/2022. As per the FIR, when the informant was returning from the Boys Hostel, the accused persons snatched his mobile and fled away. Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that he has falsely been implicated in this case only because he has criminal antecedent for which he has already suffered by being in custody since 2.3.2022 (as stated in para-16 of the bail application). He has further submitted that no T.I. Parade has

Patna High Court CR. MISC. No.34107 of 2022(2) dt.09-09-2022 2/3 been done as yet.

Mr. Brajendra Nath Pandey, leaned APP submits that the petitioner cannot be exonerated of the fact that he has criminal antecedent and is committing crime one after and another.

Considering the fact that the petitioner is in custody since 2.3.2022 and no T.I. Parade has been done, this Court is inclined to grant him the privilege of bail after framing of the charges.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.,-II, Patna, in connection with Budha Colony P.S. Case No. 63/2022 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police

Patna High Court CR. MISC. No.34107 of 2022(2) dt.09-09-2022 3/3 station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T