Vaskit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66643 of 2022 Arising Out of PS. Case No.-95 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== Vaskit Kumar S/O Faujdari Sah Resident of village- Deoriya, P.S.- Deoriya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused namely Mukesh Sahani in Deoria P.S. Case No. 281 of 2018. Further submits that nothing has been recovered

Patna High Court CR. MISC. No.66643 of 2022(2) dt.20-03-2023 2/3 from the possession of the petitioner and till date no test identification parade was conducted by the prosecution. He further submits that similarly situated co-accused person namely Mukesh Sahani has been granted bail by a Coordinate Bench of this Court vide order dated 17.10.2019 in Cr. Misc. No. 34256 of 2019 and the police after investigation submitted chargesheet against the petitioner and the petitioner was remanded in the present case from Deoria P.S. Case No. 281 of 2018 on 03.06.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one in which he is on bail. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Deoria P.S. Case No. 95 of 2018, with the following conditions :-

(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 Court and

Patna High Court CR. MISC. No.66643 of 2022(2) dt.20-03-2023 3/3 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 witness, 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 antecedents, 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) Ibrar//- U T