Vishal Kumar Gupta @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48705 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Vishal Kumar Gupta @ Vishal Kumar Son Of Bhuneshwar Prasad R/O Village-Dighwara, Ps -DIGHWARA, District -CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivanand Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 20.09.2022 in connection with Teghra P.S. Case No. 195 of 2022, F.I.R. dated 12.07.2022 for the offences punishable under Section 395 of the Indian Penal Code.
3. According to prosecution case, five miscreants entered into the Punjab National Bank and on the point of pistol they looted Rs. 12,21,510/- from the bank including money from the customers who were standing there as well as two Acer Company CPU.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named
Patna High Court CR. MISC. No.48705 of 2023(3) dt.13-09-2023 2/3 in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Sonu Kumar and nothing has been recovered from the conscious possession or the house of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that except the confessional statement of the co-accused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.09.2022.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present crime in question and the petitioner carries six criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Teghra, Begusarai in connection with Teghra P.S. Case No. 195 of 2022, subject to
Patna High Court CR. MISC. No.48705 of 2023(3) dt.13-09-2023 3/3 the following conditions:- i. 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify 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 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) Vanisha/- U T