Patna High CourtCR. MISC./64812/2023bail granted

Vijendra Singh v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64812 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Vijendra Singh, Male, aged about 45 years, S/O Gopi @ Gopi Singh, R/O Village- Dhanupura, P.S. Kedar Chowk, Dist. Badaun (U.P.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Saghir Ahmad, Advocate For the Opposite Party :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 07/2023, G.R. No. 299/2022, arising out of Sitamarhi P.S. Case No. 87 of 2022 dated 04.02.2022 registered for the offence punishable under Section 395 of the I.P.C.

3. As per the prosecution case, four miscreants are alleged to have committed theft of cash, clothes and ornaments from the shop of Rakesh Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has five criminal antecedents and in all

Patna High Court CR. MISC. No.64812 of 2023(2) dt.12-10-2023 2/3 cases, he is on bail, as stated in paragraph no. 3 of the bail petition. It is further submitted that the petitioner is not named in the F.I.R. The name of the petitioner has surfaced in the present case during the course of investigation. The petitioner has been remanded in the present case on 31.05.2023 from Sitamarhi P.S. Case No. 225/2022 and since then he is in custody.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi, in connection with Sessions Trial No. 07/2023, G.R. No. 299/2022, arising out of Sitamarhi P.S. Case No. 87 of 2022 with the condition:- (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.64812 of 2023(2) dt.12-10-2023 3/3

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T