Vivek Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6522 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== VIVEK RAY S/O KISHUNI RAY RESIDENT OF VILLAGE-BARHMAUL, P.S-NANPUR, DISTRICT-SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks bail in Benipatti P.S. Case No. 211/2020 registered for the offences punishable under Sections 414 of the Indian Penal Code.

As per the prosecution case, while the petitioner was coming from Makaiya on motorcycle, police intercepted and apprehended this petitioner and on search, several jewellery and four mobile phones were recovered from his left pocket. It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and petitioner has got no concern with the alleged recovery. It is further submitted that chargesheet has already been submitted in this

Patna High Court CR. MISC. No.6522 of 2021(2) dt.16-04-2021 2/2 case. Petitioner has got no criminal antecedent and he is in custody since 10.08.2020.

Considering the period of custody and the fact that petitioner bears a clean antecedent, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ACJM,-I, Madhubani, in connection with Benipatti P.S. Case No. 211/2020, subject to following conditions:- (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 Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T