Vikki Kumar @ Vikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4365 of 2016 Arising Out of PS.Case No. -373 Year- 2004 Thana -DANAPUR District- PATNA ====================================================== Vikki Kumar @ Vikki, son of Bichhi Rai @ Bijendra Yadav @ Bichehhu Yadav, resident of village Mainpura, P.S. Danapur, District Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Umeshanand Pandit(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner as well as learned Additional P.P. for the State.

The petitioner was granted privilege of bail by a coordinate Bench of this Court with direction to him to be physically present on each date in trial but the petitioner made himself absent on 18.12.2009. Subsequently his bail bond was cancelled and he was declared absconder by order dated 8.10.2014. The petitioner was arrested by the police on the strength of permanent warrant issued against him and he was remanded to the custody in the present case on 6.9.2015 and since then he is languishing in jail custody.

Contention on behalf of the petitioner is that the petitioner had gone out of the State in connection with livelihood and, as a matter of fact, even the parents of the petitioner were not

Patna High Court Cr.Misc. No.4365 of 2016 (2) dt.09-02-2016 aware about the whereabouts of the petitioner and no sooner the petitioner returned to his home, he was arrested by the police. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner Vikki Kumar @ Vikki be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Vth Danapur, Patna, in connection with Sessions Trial No. 1386 of 2006, Trial No. 236 of 2014 arising out of Danapur P.S. No. 373/2004 subject to the conditions that one of the bailors must be close relative of the petitioner and holder of landed property and further the petitioner shall appear before the trial court in person on each and every date for a period of nine months or till the conclusion of his trial, whichever is earlier, and if he fails to do so on two consecutive dates without any reasonable explanation, learned court below shall have liberty to cancel the bail bond of the petitioner.

(Hemant Kumar Srivastava, J) spal/- U