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Patna High CourtCR. MISC./50653/2016bail granted

Vikash Jha v. The State Of Bihar

2017-02-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50653 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Vikash Jha son of Late Vijay Shankar Jha, Resident of Village- Shahpur Pagra, P.S. Dalsinghsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bhagwanpur P.S. Case No. 155 of 2015 registered for offences under sections 395 of the Indian Penal Code.

The petitioner had earlier moved before this Court in Cr. Misc. No. 17010 of 2016 and this Court, vide order dated 29.4.2016, rejected the prayer for bail of the petitioner with a liberty to the petitioner to renew his prayer for bail after completing one year in custody.

As the matter relates to road rage robbery from the petrol pump and from his possession Rs. 17,000/- was recovered

Patna High Court Cr.Misc. No.50653 of 2016 (4) dt.22-02-2017 which he claims that it belongs to his mother. Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 8.10.2015.

Looking to the facts and circumstances of the case, let the petitioner, namely, Vikash Jha, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 155 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Rishi/- U T