Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13157 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== VIKASH KUMAR Son of Sunil Mandal Resident of Village - Pakkisarai, P.S.- Ghogha, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Sabour P.S. Case No.146 of 2020 registered under Section 392 of IPC.
The informant was carrying salt on his tractor. The same has been stopped by three unknown miscreants. They have tied him up, looted the trailor as well as money from the
Patna High Court CR. MISC. No.13157 of 2021(2) dt.20-07-2021 2/3 informant.
Learned counsel for the petitioner submits that one co-accused Gautam Kumar confessed his involvement and has stated about the petitioner's participation in the alleged occurrence. Petitioner is not named in the FIR and has no criminal antecedent. After his implication in the instant case, he however has been implicated in three more case as per details in paragraph-3 of bail application. There is no recovery from the petitioner to connect him with the alleged occurrence. He is in custody since 07.07.2020.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Sabour P.S. Case No.146 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the
Patna High Court CR. MISC. No.13157 of 2021(2) dt.20-07-2021 3/3 address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash Narayan /- U T