Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41483 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Vijay Das son of Shivji Das, Resident of Village- Balra Kishun, P.S. Maniyari, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Kanti P.S. Case No. 19/17, for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case as lodged by the informant being the driver of the pick-up van is that while he was taking pulses in his pick-up van, four persons in two motorcycle intercepted his pick-up van and took away the loaded pick-up van. It has been submitted by the learned counsel for the petitioner that he is innocent and for the same offence Maniyari P.S. case No. 09/17 has been lodged in which he has been granted privilege of bail by a Coordinate Bench of this court in Cr. Misc.

Patna High Court Cr.Misc. No.41483 of 2017 (2) dt.19-09-2017 2/2 No. 19185/2017 on 19.06.2017. He submits that apart from the said case he has no other criminal antecedent. It is further submitted that his name surfaced on the confessional statement of one Raja Babu who has already been granted privilege of bail by this court today in Cr. Misc. 41634/17.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate (West), Muzaffapur in connection with Kanti P.S. Case No. 19/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner is found to have indulged in similar offence in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Vinita/- U T