Vijendra Singh @ Brijendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52507 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== VIJENDRA SINGH @ BRIJENDRA S/O GOPI SINGH R/O VillageDhanupara, P.S- Kadu Chowk, Distt.- Badaun (U.P). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saghir Ahmad, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Nanpur P.S. Case No.92 of 2022 instituted under Sections 457, 380 of the IPC lodged on 03.03.2022 by the informant Chandan Kumar.

As per the prosecution story, theft took place in the shop of the informant and ornaments worth Rs.8,00,000/- was stolen. Accordingly, the FIR.

The case of the petitioner is that the FIR is against unknown, his name has come in the confessional statement of co-accused for which he has already suffered by being in custody since 17.05.2022 (para-6 of the petition). Learned APP opposes the prayer for bail.

Considering the fact that his name has come in the confessional statement of co-accused, has remained in custody

Patna High Court CR. MISC. No.52507 of 2023(2) dt.19-08-2023 2/3 for more than one year (17.05.2022) will be facing the trial, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Nanpur P.S. Case No.92 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.52507 of 2023(2) dt.19-08-2023 3/3 criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T