Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47263 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== VIPIN KUMAR Son of Bindeshwari Rai Resident of Village- Chiknauta, P.S.- Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Alok Kumar, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Gangabridge P.S. Case No. 73 of 2021 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code 1860.
As per the prosecution story, the tempo of the informant was booked by three persons for a sum of Rs.300/- and when the tempo reached near the Gangabridge Police Station, all the three persons directed the informant to stop the tempo and at the point of knife snatched a sum of Rs.1,000/- and fled away along with the tempo of the informant. However, upon alarm being raised, the local people apprehended the two
Patna High Court CR. MISC. No.47263 of 2021(2) dt.07-02-2022 2/3 co-accused persons and the petitioner is succeeded in fleeing away.
Learned counsel for the petitioner submits that the petitioner was not apprehended on spot and he has falsely been implicated in this case on the disclosure made by the arrested co-accused persons. He further submits that a quarrel had taken place between the co-accused and the informant on the payment of fare. He next submits that other co-accused person namely, Shivam Kumar @ Shivam Ray has been granted bail by this Court in Cr. Misc. 41132 of 2021. The petitioner is in custody since 8.5.2021 and charge sheet has already been submitted. Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the tempo was hired by the co-accused persons, and as such, the possibility of dispute on the point of payment of fare cannot be ruled out, the petitioner is in custody since 8.5.
2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.47263 of 2021(2) dt.07-02-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Gangabridge P.S. Case No. 73 of 2021.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T