Vimal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.47862 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Vimal Singh S/o Himalyan Singh @ Hima Sichaan Singh R/o village- Naya Tola, Jurawanganj, P.S.- Kodha, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-12-2022 Learned counsel for the petitioner will remove all the defects as pointed out by office within two weeks from today. Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Laheria Sarai (Benta O.P.) P.S. Case No. 43 of 2022 registered for the offences punishable under Section 392 of the Indian Penal Code. He is in custody since 01.02.2022. The petitioner has got no criminal antecedent.

As per the prosecution story, the informant alleged that while he was going to his home by foot from D.M.C.H. State Bank of India after withdrawing money two miscreants from bike snatched his bag and fled away. The informant has given the description of snatchers.

Patna High Court CR. MISC. No.47862 of 2022(2) dt.09-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there being no recovery form the possession of the petitioner and he has not been put on Test Identification Parade till date, however he is in custody since 01.02.2022.

Mr. Ram Priya Sharan Singh, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case, there being no recovery from the possession of the petitioner and he has not been put on Test Identification Parade till date but despite the fact that he is in custody in connection with the present case since 01.02.2022 having no criminal antecedent, this Court directs release of the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Laheria Sarai (Benta O.P.) P.S. Case No. 43 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage

Patna High Court CR. MISC. No.47862 of 2022(2) dt.09-12-2022 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps 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. Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) Rajeev/- U T