Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65129 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== VICKY KUMAR Son of Manoj Kumar Singh @ Manoj Kumar, Resident of Village- Lautan, P.S.- Kartahan, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyaranjan Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Bhagawanpur P.S. Case No. 6 of 2022, registered for offence punishable under Section 392 of the Indian Penal Code. As per allegation, unknown persons snatched Rs.5,000/- cash, ATM card, Debit card, Voter I.D., etc. from the possession of the informant at the point of pistol. The learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner. Except his confessional statement, there is nothing against him in the entire case diary. His bail petition was rejected by the learned court below merely on the basis of his criminal

Patna High Court CR. MISC. No.65129 of 2022(7) dt.05-05-2023 2/3 antecedents and in all the cases mentioned in paragraph 3 of the bail petition, he has been granted bail. He is under custody for a period of more than a year.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagawanpur P.S. Case No. 6 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall remain present physically

Patna High Court CR. MISC. No.65129 of 2022(7) dt.05-05-2023 3/3 before the court below on each and every date till framing of the charge and his failure to physical appearance shall lead to cancellation of his bail bond.

(Nawneet Kumar Pandey, J) Mahesh/- U T