Ram Vishwas Yadav @ Ram Vishwas Rai @ Aryan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55071 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Ram Vishwas Yadav @ Ram Vishwas Rai @ Aryan Kumar S/O Late Sipahi Prasad Yadav @ Late Sipahi Rai Resident of village- Bherkhiya, Tikuliya, P.S.- Pipra, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. The F.I.R. of the occurrence of loot is against unknown. Learned counsel for the petitioner submits that although he is an accused in five cases but he is on bail in all the cases and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused Radhey Shyam Kumar. He further submits that nothing has been recovered from the possession of the petitioner and till date no test identification parade was conducted by the prosecution. He

Patna High Court CR. MISC. No.55071 of 2022(4) dt.29-03-2023 2/3 further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner was in custody since 11.03.2022 in connection with Pipra P.S. Case No. 80 of 2022 and the petitioner has been remanded in this case on 07.05.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pipra P.S. Case No. 171 of 2021, G.R. Case No. 3495 of 2021, with the 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 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 witness, 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

Patna High Court CR. MISC. No.55071 of 2022(4) dt.29-03-2023 3/3 stage, it is found that the petitioner has concealed his criminal antecedents, 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) Ibrar//- U T