Vikas Kumar @ Vikas Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33621 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Vikas Kumar @ Vikas Kumar Paswan Son of Satan Paswan Resident of - Chhardawali Sihpur, P.S. - Sathi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bettiah Town P.S. Case No.226 of 2022 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

As per the allegation, the petitioner was apprehended with a motorcycle which was suspected to be stolen as the petitioner could not produce any document before the police to justify his possession of the said motorcycle, owing to that

Patna High Court CR. MISC. No.33621 of 2022(2) dt.08-09-2022 2/3 reason the said motorcycle was believed to be the stolen vehicle which was brought to be sold.

The main submissions advanced by the learned counsel Mr. Umesh Kumar Gupta for the petitioner are that the petitioner has clean antecedent, he has been falsely dragged in connection with the alleged recovery of the motorcycle while the petitioner had no connection with the said vehicle and he has been languishing in jail since 30.03.2022 and he has been chargesheeted.

Learned APP Mr. Satya Nand Shukla appearing for the State has opposed the bail prayer.

Having regard to the facts and circumstances of this case as well as considering above submissions and petitioner's clean antecedent, in the opinion of this Court the petitioner deserves to a lenient approach of this Court, let the petitioner 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 concerned Court in connection with Bettiah Town P.S. Case No. 226 of 2022, on 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 below and shall remain physically present as directed by the

Patna High Court CR. MISC. No.33621 of 2022(2) dt.08-09-2022 3/3 Court below 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 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition.

(4) The Court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent of the petitioner is found then the Court below shall take strict action against him for cancellation of his bail bond.

(Shailendra Singh, J.) sangam/- U T