Anil Kumar Singh @ Anil Singh @ Vivek Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66022 of 2024 Arising Out of PS. Case No.-163 Year-2000 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Anil Kumar Singh @ Anil Singh @ Vivek Kumar Singh Son of Late Devendra Singh R/o Chandmari, M. S. College, Motihari, P.S.- Nagar, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Town P.S. Case No. 163 of 2000 instituted for the offence under Section 394 of the Indian Penal Code.
3.
Prosecution case in short is that motorcycle of the informant was looted by unknown miscreants while he was on his way on the point of pistol.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-02-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.66022 of 2024(4) dt.03-12-2024 2/3 5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The present one is the case of misuse of privilege of regular bail. Learned counsel submits that petitioner was granted bail by this Court on 21-12-2000. It is next submitted that bail bond of the petitioner was cancelled on 20-11-2006. It is submitted that bail bond was cancelled due to non-caring by the pairvikar. Learned counsel for the petitioner submits that petitioner undertakes to appear on each and every date fixed before the trial court.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that this case is registered in the year 2000, and it is one of the oldest case of more than 20 years old. 7.
Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 163 of 2000, subject to the following conditions:
Patna High Court CR. MISC. No.66022 of 2024(4) dt.03-12-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T