Vipul Kumar Patel @ Vicky Kumar @ Vipul Patel @ Vicky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53424 of 2018 Arising Out of PS.Case No. -100 Year- 2015 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== VIPUL KUMAR PATEL @ VICKY KUMAR @ VIPUL PATEL @ VICKY, son of late Anil Singh, resident of village - Laxmanpur, P.S. - Jandaha, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Ganga Bridge P.S. Case No.100 of 2015 instituted for the offence under Section(s) 395, 412 Indian Penal Code.
Prayer of the petitioner for bail was earlier rejected by a co-ordinate Bench of this Court by order dated 16.03.2017 passed in Cr. Misc.No.6587 of 2017 with direction to the Trial Court to make endeavour and conclude the trial within a period of ten months from the date of receipt of that order. A report was called for from the Court below, which has been received from which it appears that out of eleven only five witnesses have been examined till date. It is also mentioned
Patna High Court Cr.Misc. No.53424 of 2018 (4) dt.25-10-2018 2/3 in the report that Court of Sessions Judge is vacant since 23.07.2018.
First Information Report is against unknown. Name of the petitioner has come during investigation on the basis of suspicion. It is said that on the statement given by the petitioner a sum of rupees one lac and one country made pistol was recovered from his Sasural.
In such circumstances, from the report of Court below, it appears that there is no likelihood of conclusion of trial within a short period.
Petitioner is in custody since 08.12.2015.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Sessions Judge, Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No.100 of 2015, subject to the condition that both the bailors shall be close relative of the petitioner.
The petitioner will remain present on each and every date of trial and his absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be
Patna High Court Cr.Misc. No.53424 of 2018 (4) dt.25-10-2018 3/3 cancelled. Further, the petitioner will not intimidate the witnesses of the case and will not hamper the trial.
(Sanjay Priya, J) JA/- U T