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Patna High CourtCR. MISC./13886/2021bail granted

Vikash Kumar @ Vikas Kumar v. The State Of Bihar

2021-06-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13886 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== VIKASH KUMAR @ VIKAS KUMAR Son of Hira Lal Ram Resident of Village - Koini, Pachhim Tola, P.S. - Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2021 Heard Mr. Dhramveer, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the State through video conferencing.

2. Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was rejected by this Court on 09.11.2020 vide Cr. Misc. No. 23926/2020, giving him liberty to renew his prayer for bail after three months.

3. The allegation, as per the First Information Report, is that the informant was intercepted by two persons and one of them pushed him with his hand, due to which, he fell down along with his motorcycle and further on the gun point, they snatched all articles and purse from the pocket of the informant and fled away along with the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13886 of 2021(2) dt.30-06-2021 2/3 petitioner is not named in the FIR and he has falsely been implicated in this case on the basis of disclosure of his name by one Naushad Ahmad who claims to be an eyewitness. Learned counsel further submits that the motorcycle was not recovered from the possession of the petitioner and he has not been put on TIP and the petitioner is in custody since 11.02.2020. Learned counsel next submits that the co-accused, namely, Raju Ram @ Teni has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 25011/2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no incriminating or looted article has been recovered from the possession of the petitioner and he is in custody since 11.02.2020, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

6. Accordingly, let the petitioner, VIKASH KUMAR @ VIKAS KUMAR 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 learned Chief Judicial

Patna High Court CR. MISC. No.13886 of 2021(2) dt.30-06-2021 3/3 Magistrate, Gopalganj in connection with Manjhagarh PS Case No. 38/2020.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the covid protocol like social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T