Bipin Kumar @ Bipin Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55347 of 2024 Arising Out of PS. Case No.-756 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Bipin Kumar @ Bipin Rai S/O Jhimilal Rai 2.
Vishwananth Rai S/O Jhimilal Rai 3.
Raj Kumar Rai S/O Laljee Rai All R/O Village- Vishanpur, Saidali Diyara, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 414, 420, 467, 468, 120(B)/34 of the IPC in connection with Bidupur P.S. Case No.756 of 2023.
3. The learned counsel for the petitioners submit that petitioner no.1 has antecedent of one case and petitioner no.2 and 3 are persons with clean antecedents and the informant alleges that three stolen motorcycles were recovered from liquor Mafiya Ram Kumar Roy and Sudama Roy.
4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the
Patna High Court CR. MISC. No.55347 of 2024(2) dt.02-09-2024 2/3 conscious possession and they came to be implicated in the instant case based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that petitioners will not abscond, rather will cooperate in the investigation to prove their innocence.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No.756 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailor of the petitioner no.1 and 2 shall be their father Jhimilal Rai and one of the bailor of petitioner no.3 shall be his father Laljee Rai.
7. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.55347 of 2024(2) dt.02-09-2024 3/3 Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T