Vikash Kumar Sharma @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1506 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== VIKASH KUMAR SHARMA @ VIKASH KUMAR S/o - Jyot Narayan Sharma Resident of Village- Central Chawk, P.S.- Kathaiya, DisttMuzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. When the FIR named accused persons including the petitioner were arrested on suspicion that they were preparing to commit dacoity, from the possession of the petitioner three live cartridges were recovered whereas from the possession of other co-accused fire-arm was recovered.
Submission is that petitioner has got no criminal antecedent and co-accused Pravin Kumar Chaudhary from whose possession fire-arm was recovered has already been
Patna High Court CR. MISC. No.1506 of 2020(2) dt.14-01-2020 2/2 allowed bail by a coordinate Bench of this Court. The investigation of the case is already complete. The petitioner is in custody since 25.05.2019.
Considering the aforesaid facts as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kathaiya P.S. Case No.79 of 2019, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) Mkr./- U T