Patna High CourtCR. MISC./22131/2016bail granted

Vikash Kumar @ Vikash Singh v. The State Of Bihar

2016-06-22Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22131 of 2016 (2) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22131 of 2016 Arising Out of PS.Case No. -14 Year- 2013 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Vikash Kumar @ Vikash Singh Son of Ramakant Singh resident of village - Garh Laxmipur, P.S. Barahiya, District - Lakhisarai... Petitioner

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. R.K. Chaurasia (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 07.10.2015 passed in Cr. Misc. No. 22426 of 2015, on the ground that earlier his prayer of bail was rejected on the basis of statement of one eye witness Subodh Singh, now that Subodh Singh has been examined as PW 1 in Sessions Trial No. 399 of 2014 vide annexure-6 and he has not supported the prosecution version that the petitioner is the assailant and he has turned hostile. Other co-accused have already been allowed bail vide annexure 4 and 5.

Learned APP fairly submits that Subodh Singh is only an eye witness of the occurrence but now he has turned hostile. In the facts and circumstances stated above, considering the statement of Subodh Singh during trial, the

Patna High Court Cr.Misc. No.22131 of 2016 (2) dt.22-06-2016 petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Lakhisarai in Sessions Trial No. 399 of 2014 arising out of Barahiya P.S. Case No. 14 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T