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Patna High Court
Vivek Raj vs The State Of Bihar on 24 April, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80110 of 2024
Arising Out of PS. Case No.-303 Year-2022 Thana- AGAMKUAN District- Patna
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Vivek Raj Son of Arun Kumar Singh R/)-Mohalla - Nawal Kishore
Road, Vivek Vihar High School, Kadamkuan, P.S.- Kadamkuan
District- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Priti Kumari Wife of Kumar Vikram Resident of 2L/81, Bahadurpur
Housing Colony, P.S.- Agamkuan, Distt.- Patna
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Kumar Rishikesh Chanchal, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
Mr.Vijay Shankar Srivastava, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 24-04-2025
Heard Mr. Kumar Rishikesh Chanchal, learned counsel
for the petitioner and Mr. Vijay Shankar Srivastava, learned
counsel for the opposite party no. 2.
2. The present petition preferred under Section 482 of
the Code of Criminal Procedure (in short the 'Cr.P.C.') as to
quash/set-aside the order dated 28.02.2024 passed by
learned Additional District & Sessions Judge - 1 st, Patna City,
in connection with Agamkuan P.S. Case No. 303/2022,
registered for the offence under section 406, 420, 465, 467
and 471/34 of the I.P.C. and Section 138 of the Negotiable
Instrument Act, whereby and whereunder learned court has
Patna High Court CR. MISC. No.80110 of 2024 dt.24-04-2025
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cancelled the bail of the petitioner, which was earlier allowed
vide B.P. No. 1084/2022 dated 16.09.2022.
3. It is submitted by Mr. Kumar Rishikesh Chanchal,
learned counsel appearing for the petitioner that condition
imposed by the learned trial court while granting bail to the
petitioner was onerous and not sustainable in the eyes of law
in view of the legal report of Hon'ble Supreme Court as
available through Sumit Mehta Vs. State (NCT of Delhi)
reported in (2013) 15 SCC 570, and, therefore, it is fit to
be quashed/set-aside.
4. Mr. Vijay Shankar Srivastava, learned counsel
appearing for the opposite party no. 2 submitted that
condition was imposed on the basis of undertaking and
submission of the petitioner and after obtaining the bail,
petitioner stopped to honour his own undertaking and
submission as given before the learned trial court while
obtaining bail through B.P. No. 1084/2022 dated
16.09.2022
, arising out of Agamkuan P.S. Case No. 303 of
2022.
5. It appears that when petitioner stopped payment in
Patna High Court CR. MISC. No.80110 of 2024 dt.24-04-2025
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view of his own undertaking, bis bail bond was cancelled on
28th February, 2024.
6. At this stage, it is pointed out by learned counsel
for the O.P. No.2 that petitioner is absconding since last one
year.
7. In view of the aforesaid, it appears prima-facie that
petitioner made false statement before learned trial court
while making submissions in B.P. No. 1084/2022, as
discussed aforesaid and till date he is also absconding.
8. Considering the aforesaid, the present petition
devoid of any merit. The same stands dismissed.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2025 Transmission Date 24.04.2025
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