Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1825 of 2017 Arising Out of PS.Case No. -452 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Vikas Kumar, son of Late Jitendra Rai, resident of Mithila Colony, Nasriganj, Police Station - Danapur, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Danapur P.S Case No. 452 of 2016 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

Allegedly, three persons including the petitioner were apprehended and they disclosed the name of their associates, who succeeded in fleeing away and further they admitted that they have assembled to commit dacoity and from possession of other coaccused arms and cartridges recovered whereas from possession of the petitioner nothing was recovered.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.1825 of 2017 (2) dt.19-01-2017 2/2 petitioner has been apprehended illegally and after three days he has been remanded in this case. The petitioner is suffering in custody since 24.10.2016 without any recovery and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna, in connection with Danapur P.S. Case No. 452 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T