Vijay Vishwakarma @ Vijay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66806 of 2022 Arising Out of PS. Case No.-235 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== VIJAY VISHWAKARMA @ VIJAY Son Of Late Mohan Mistry @ Mohan Vishwakarma Resident Of Village- Sarkanda, Post- Chowar Tarwan, P.S.- Tankuppa, District- Gaya(Bihar), Pin Code No.- 805128 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Patel, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Khizersarai P.S. Case No. 235 of 2022 registered for the offences punishable under Sections 379 and 511 of the Indian Penal Code.

As per the prosecution, the police personnel on secret information apprehended this petitioner red handed while he was tampering the alleged ATM and recovered two ATM shutter breaking article (made out of steel), mobile phone, ATM and

Patna High Court CR. MISC. No.66806 of 2022(2) dt.16-03-2023 2/2 Pan Cards.

The main submissions advanced by petitioner's counsel are that against the petitioner there is criminal antecedent of one case but the same was lodged under SC/ST Act in which he is on bail, he is a blacksmith by profession and the alleged equipments which were recovered from his possession at the time of his arrest were only for the purpose of his occupation, he has been languishing in jail since 08.07.2022 and he has been chargesheeted and the alleged offence of FIR relates to attempt to theft.

Learned APP appearing for the State has opposed the prayer for bail.

In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Khizersarai P.S. Case No. 235 of 2022.

(Shailendra Singh, J.) maynaz/- U T