Bidhan Kumar Singh @ Bidhan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42224 of 2022 Arising Out of PS. Case No.-208 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== BIDHAN KUMAR SINGH @ BIDHAN KUMAR RAI S/o Ram Vilas Rai @ Ram Vilash Rai R/o village- Pipra Devas, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bachhwara P.S. Case No. 208 of 2020,registered for the offences punishable under Sections 393 of the IPC. As per prosecution case, petitioner was apprehended by police on spot alongwith arms as he tried to commit robbery of informant's motorcycle.

Learned counsel for the petitioner submits that petitioner is in custody since 07.10.2020 and bears criminal antecedent of four cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of

Patna High Court CR. MISC. No.42224 of 2022(3) dt.30-01-2023 2/3 tampering with the prosecution evidence. He further submits that petitioner is quite innocent and committed no offence as alleged in the FIR.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody which is more than 2 years, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail,on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Begusarai in connection with Bachwara P.S. Case No. 208 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

Patna High Court CR. MISC. No.42224 of 2022(3) dt.30-01-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T