Vijay Kumar @ Vijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60352 of 2022 Arising Out of PS. Case No.-438 Year-2021 Thana- GAURICHAK District- Patna ====================================================== Vijay Kumar @ Vijay Prasad Son of Chandradev Resident of - Kailuchak, P.S- Mashaurhi, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

According to the prosecution case, the accused person, namely, Chandan Kumar has sold the informant's sugar to the petitioner and for that the petitioner has paid him Rs. 5,85,000/-. Whenever the informant ask for his money, they told him to come to police station to clear the dues. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60352 of 2022(3) dt.12-12-2022 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner has purchased the sugar in question from the coaccused, namely, Chandan Kumar after payment for the same. He further submits that there is no allegation of cheating or theft of sugar in question against the petitioner and the petitioner has no concern at all with the alleged occurrence. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Court below where the case is pending in connection with Gaurichak P.S. Case No.

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

Patna High Court CR. MISC. No.60352 of 2022(3) dt.12-12-2022 3/3 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 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) Vanisha/- U T