Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7209 of 2019 Arising Out of PS. Case No.-488 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Vikram Kumar Son of Anil Kumar Singh Resident of Parai, P.S.- Kudhni, District, Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Patliputra P.S. Case No. 488 of 2018 registered for the offence punishable under Sections 419, 420, 467, 468, 120B of the Indian Penal Code. It is alleged that one Fauji Kumar Singh was found giving examination of Railway Recruitment Board in place of Pankaj Kumar Paswan after taking Rs.10,000/-. Fauji Kumar Singh confessed his guilt and disclosed that other persons also involved in the occurrence are standing outside. Thereafter, other co-accused persons have been arrested.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. and his name has surfaced in this case on the confessional statement made by the co-
Patna High Court Cr.Misc. No.7209 of 2019(4) dt.18-02-2019 2/3 accused, Fauzi Kumar Singh, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 21.12.2018 passed in Cr. Misc. No.77245 of 2018 and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner has no criminal antecedent and he is in custody since 16.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XII, Patna in connection with Patliputra P.S. Case No. 488 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court Cr.Misc. No.7209 of 2019(4) dt.18-02-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T