The court has the discretion to grant or deny bail, and may impose conditions on the release of a defendant.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67952 of 2022

Arising Out of PS. Case No.-288 Year-2015 Thana- RAJIVNAGAR District- Patna

======================================================

VIKASH KUMAR PANDEY @ VIKASH KUMAR S/o Late Brahmeshwar

Nath Pandey R/o Mohalla- Napali Nagar, P.S.- Rajeev Nagar, Patna- 800025.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Basant Kr. Choudhary, Sr. Advocate

:

Mr.Arvind Kumar, Advocate

:

Mr.Shambhu Shankar Thakur, Advocate

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

3

11-01-2023

Heard the learned senior counsel for the

petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in

connection with Rajeev Nagar P.S. Case No. 288 of

2015, G.R. No. 7191 of 2015 for the offence

registered under Sections 147, 148, 323, 341, 385,

387, 427, 428, 447, 448 467, 468 and 504 of the

Indian Penal Code.

The case of the prosecution, in brief, is

that the sister-in-law of the informant and his

friend Krishna Nandan Sahay had purchased a plot

at Mohalla Nepali Nagar, P.S. Rajeev Nagar from Jay

Prakash Nagar Sahkari Grih Nirman Samiti,

Patna High Court CR. MISC. No.67952 of 2022(3) dt.11-01-2023

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however, the accused persons including the

petitioner herein had encroached the land of the

informant and when on the alleged date and time

of occurrence, the informant and his brother-in-law

had come to the said land, they found that the

accused persons including the petitioner herein are

demolishing the boundary wall in question and on

protest being made, the informant was assaulted

by the accused persons.

The learned senior counsel for the

petitioner has submitted that the petitioner is

innocent, he has been falsely implicated in the

present case and he is languishing in custody since

04.09.2022. The learned senior counsel for the

petitioner has further submitted that the petitioner

is an accused in 16 other criminal cases, however,

he is on bail in 15 of them. It is also submitted that

as far as the present case is concerned, the

petitioner had applied for grant of anticipatory bail

before this Court by filing a petition bearing

Criminal Miscellaneous No. 21151 of 2016 and a

Co-ordinate Bench of this Court vide order dated

Patna High Court CR. MISC. No.67952 of 2022(3) dt.11-01-2023

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22.03.2017, had granted liberty to the petitioner to

surrender before the learned Court below, within a

period of six weeks and the learned Court below

was directed to dispose off the bail application of

the petitioner, preferably on the same day and it

was also observed that all the other co-accused

persons have been granted the privilege of

anticipatory bail. Lastly, the learned senior counsel

for the petitioner has submitted that the petitioner

undertakes to abide by such conditions as may be

deemed fit and proper to be imposed by this Court

for the purposes of grant of bail to the petitioner.

Per contra, the learned A.P.P. for the State

has vehemently opposed the prayer for bail.

Having regard to the facts and

circumstances of the case, considering the

submissions made by the learned counsel for the

petitioner and taking into account the materials on

record as also considering the earlier order passed

by a Co-ordinate Bench of this Court dated

22.03.2017, as aforesaid, though, I deem it fit and

proper to admit the petitioner to the privilege of

Patna High Court CR. MISC. No.67952 of 2022(3) dt.11-01-2023

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bail, however, subject to certain conditions.

Accordingly, the petitioner, above named,

is directed to be released on bail on furnishing bail

bond of Rs. 10,000/- (Ten Thousand) with two

sureties of the