Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24010 of 2016 Arising Out of PS.Case No. -525 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Vikash Kumar Son of Uday Shankar Singh Resident of village - Chainpur, P.S. Kanti, District - Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 395 and 397 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the F.I.R. vide Annexure-1, as an accused and he has not been put on T.I. Parade till date, though he is in judicial custody since 03.02.2016 and further taking into consideration the fact that no incriminating article has been recovered either from the house or from the possession of the petitioner and his hand has been suspected in the case on the basis of alleged confessional statement of a co-accused before the police, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail.

Let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar ( Muzaffarpur)

Patna High Court Cr.Misc. No.24010 of 2016 (2) dt.01-06-2016 2/2 P.S. Case No. 525 of 2015 dated 09.10.2015 subject to conditions that:

(A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail-bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T