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Patna High CourtCR. MISC./44479/2025bail granted

Vijay Kumar @ Vijay Sao v. The State Of Bihar

2025-07-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44479 of 2025 Arising Out of PS. Case No.-111 Year-2023 Thana- KARANDAY District- Sheikhpura ====================================================== Vijay Kumar @ Vijay Sao S/o- Sunil Sao @ Suneel Shah Village- Ghari @ Dhari, P.S- Karandey, District -_Shekhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhirendra Mahto S/o- Late Parmeshwar Mahto Village- Ghari Ps- Karandey Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 365 of the Indian Penal Code read with Section 8 of POCSO Act.

3. Learned counsel for the petitioner submits that petitioner had earlier moved before this Court seeking regular bail by filing Criminal Miscellaneous No. 15063 of 2025 and the same was dismissed as withdrawn by an order dated 26.03.2025 with liberty to the petitioner to renew his prayer for bail after framing of charge.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.44479 of 2025(2) dt.04-07-2025 2/3 petitioner submits that charges against the petitioner were framed by an order dated 19.02.2025, but then the same was not within his knowledge, when Criminal Miscellaneous No. 15063 of 2025 was taken up on 26.03.2025, it is thus submitted that charges against the petitioner stand framed, hence seeks bail. It is next submitted that petitioner is in judicial custody since 27.09.2024.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Karandey P.S. Case No. 111 of 2023.

7. One of the bailors of the petitioner shall be his father, Sunil Sao @ Suneel Shah.

8. It is made clear that the learned Trial Court, before releasing the petitioner on bail, shall verify that as to whether charges against the petitioner have been framed or not and in the event if it is found that charges against the petitioner have not

Patna High Court CR. MISC. No.44479 of 2025(2) dt.04-07-2025 3/3 been framed in that event the present bail order shall not be given effect to, but if it is found that charges were framed against the petitioner on 19.02.2025 in that event, the petitioner shall be released forthwith.

9. It is further made clear that if the learned Trial Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

10. Accordingly, the instant bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T