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Patna High CourtCR. MISC./47546/2022bail granted

Vikram Kumar v. The State Of Bihar

2022-12-09Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.47546 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== Vikram Kumar Son of Manoj paswan Resident of Village - Jagdishpur, P.S.- Bhagwanpur, District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, 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. Navin Kumar Pandey, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Bhagwanpur P.S. Case No. 214 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code. He is in custody since 04.01.2022. The petitioner has got five criminal antecedents. Learned counsel for the petitioner submits that as per the prosecution story, three unknown accused persons looted a mobile phone, group register, tab, and Rs.1,09,000/- cash from the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47546 of 2022(2) dt.09-12-2022 2/3 petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is in custody in connection with this case since 04.01.2022.

Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the coaccused. It is submitted that there is no recovery from the possession of the petitioner.

Mr. Navin Kumar Pandey, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that the petitioner is not named in the F.I.R., his name has transpired in his own confessional statement said to have been extracted in Police custody and he is in custody since 04.01.2022, this Court directs that the petitioner above named be released 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 Sri Nasim Nazar, Judicial Magistrate 1st Class, Begusarai in connection with Bhagwanpur P.S. Case No. 214 of 2021, subject to the condition as laid down under Section 437

(3) Cr.P.C.

And further condition that the court below shall verify

Patna High Court CR. MISC. No.47546 of 2022(2) dt.09-12-2022 3/3 the criminal antecedent of the petitioner and in case at any stage 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. This application is allowed.

Certified copy of this order shall be made available only after removal of defects.

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