Vicy Kumar @ Vicky Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8343 of 2022 Arising Out of PS. Case No.-401 Year-2016 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VICY KUMAR @ VICKY RAI SON OF RAM BILASH RAI R/O VILLAGE- PARMANADPUR, P.S.- SADAR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 414, 420, 120B and 34 of the Indian Penal Code.

The case relates to recovery of the stolen motorcycles from the backside of house of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the name of this petitioner has surfaced in this case on the basis of confessional statement of the co-accused, Sunil Kumar and Vinay Kumar Roy. He further submits that nothing has been

Patna High Court CR. MISC. No.8343 of 2022(2) dt.13-06-2022 2/3 recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the backside of house of the petitioner. He further submits that the co-accused, Sunil Kumar and Vinay Kumar Roy have already been granted bail by a co-ordinate Bench of this Court vide order dated 16.12.2016 passed in Cr. Misc. No. 43432 of 2016 and the another co-accused, Shyam Nath Mahato has also been granted bail by a co-ordinate Bench of this Court vide order dated 16.01.2017. The petitioner is rotting in judicial custody since 06.12.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sadra P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.8343 of 2022(2) dt.13-06-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T