Vishwajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49767 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Vishwajeet Kumar Son of Ravindra Paswan, Resident of village - Gandhar, P.S.- Ghoshi, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 96 of 2022 registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

As per the prosecution case, informant was going to deposit the money having Rs. 2 lakhs in a small bag in the State Bank by motor cycle at Gardanibagh and then at about 2.25 p.m. one Apache motor cycle upon which three persons came and snatched the bag and fled away. It is further alleged by the informant that from the C.C.Tv. footage all the three persons can

Patna High Court CR. MISC. No.49767 of 2022(2) dt.14-12-2022 2/3 be identified by him.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and no TIP has been conducted and no incriminating article has been recovered from the conscious possession of the petitioner. The FIR has been lodged against unknown and the petitioner is in custody since 30.04.2022. He has two criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner and submitted that petitioner has criminal antecedent.

Considering the facts and circumstances of the case as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXIV, in connection with Gardanibagh P.S. Case No. 96 of 2022, subject to 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the

Patna High Court CR. MISC. No.49767 of 2022(2) dt.14-12-2022 3/3 Court below.

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

(Sunil Dutta Mishra, J) ashutosh/- U T