Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67888 of 2022 Arising Out of PS. Case No.-3 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== Vinod Rai, S/O Shatrudhan Ray, Resident of village- Tesariya, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 03 of 2020, registered for the alleged offences under Section 392 of the Indian Penal Code.

This is second attempt of the petitioner to seek bail from this Court. Earlier the prayer for bail of the petitioner was rejected by a Co-ordinate Bench of this Court vide order dated 04.01.2021 passed in Cr. Misc. No. 32166 of 2020. As per prosecution case, three miscreants looted the scooty of the informant and later on the name of the petitioner transpired as one of the miscreants who was involved in the robbery.

Patna High Court CR. MISC. No.67888 of 2022(2) dt.15-03-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Recovery of scooty has been shown from the house of this petitioner but this is completely false story as the police did not take signature or thumb impression of the petitioner or any of his family members on the seizure list. The petitioner is in custody since 27.04.2020 and charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner has got criminal antecedents of three cases. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 03 of 2020, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.67888 of 2022(2) dt.15-03-2023 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T