Vijay Sao @ Vijay Ram Jeevan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4394 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Vijay Sao @ Vijay Ram Jeevan Sao, son of Ram Jeevan Sao, R/o- VillBailthan, P.S- Bakhtiyarpur, Distt.-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bakhtiyarpur P.S. Case No. 325 of 2018 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that on 21.06.2018 at 9:00 P.M. while informant was on the roof of his house then four unknown miscreants shot three fire and threw a purcha in which it was written that they demanded Rs. 6 lacs from his brother thereafter he lodged a case in the police station and now if said ransom amount is not paid, they will be killed. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.4394 of 2019(2) dt.28-01-2019 2/2 falsely implicated in this case. The present informant is own maternal uncle (Mama) of petitioner. There is no eye-witness to the occurrence and entire allegations are vague. Petitioner is not named in the F.I.R. Petitioner is in custody since 27.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 325 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T