Patna High CourtCR. MISC./55744/2023bail granted

Bipin Kumar @ Vipin Kumar v. The State Of Bihar

2023-09-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55744 of 2023 Arising Out of PS. Case No.-396 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== BIPIN KUMAR @ VIPIN KUMAR S/O RAMESHWAR PRASAD R/O NAYA TOLA, KUMHRAR IN STREET OF CARE HOSPITAL, P.SAGAMKUAN, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 20.04.2023 seeks bail, in connection with Agamkuan P.S. Case No.396/2023, dated 19.04.2023, for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along with pre-ambushed accused persons attacked with knife and other sharp weapons on the petitioner and his two brothers when they returned after marketing with a view to kill them.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from

Patna High Court CR. MISC. No.55744 of 2023(2) dt.04-09-2023 2/3 perusal of the F.I.R., it appears that there is no allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 20.04.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 A.C.J.M.- IV, Patna City, Patna in connection with Agamkuan P.S. Case No. 396/2023, subject to 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 witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.55744 of 2023(2) dt.04-09-2023 3/3 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) amit/- U T