Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53042 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Vijay Kumar Son Of Karan Yadav R/O Village- Ward No.-05, Kamrudinpur, Ullao, Ulao, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2022 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Barauni P. S Case No. 71 of 2021 for the offences punishable under Section 392 of the Indian Penal Code.

As per allegation in the F.I.R, informant Saurav Kumar returning to his house, on the way, two persons threatened him and snatched his mobile phone. Learned counsel for the petitioner submits that petitioner has not named in the F.I.R and has been falsely implicated in this case. Further submits that police claimed that

Patna High Court CR. MISC. No.53042 of 2021(2) dt.10-01-2022 2/3 mobile was recovered from possession of the petitioner but no T.I.P has been made. After investigation police has submitted charge sheet against the petitioner. Petitioner has clean antecedent and he is in custody since 06.03.2021. The learned A.P.P opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Begusarai in connection with Barauni P.S.Case No. 71 of 2021,subject to 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 and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall

Patna High Court CR. MISC. No.53042 of 2021(2) dt.10-01-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U