Vishal Kumar @ Birju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49837 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Vishal Kumar @ Birju S/O Parshuram Sah @ Parshu Ram Shah Resident of village- Sar Saiya, P.S.- Bagaha (Patkhauli), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 354B, 379 and 34 of the Indian Penal Code. According to the prosecution case, the petitioner entered inside the house of the informant and dashed her on the bed with bad intention and he also hit on her head by means of rod to kill her and then he fled away.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.49837 of 2022(2) dt.14-12-2022 2/3 implicated in the present case. He further submits that the present F.I.R. is instituted by aunt of the petitioner. He further submits that police after investigation submitted the final form in favour of the petitioner but the learned Court below differing with the final form of the police took cognizance against the petitioner. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the petitioner. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Court below where the case is pending in connection with Bagaha (Patkhauli) P.S. Case No.

1. 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

Patna High Court CR. MISC. No.49837 of 2022(2) dt.14-12-2022 3/3 court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. 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