Vikram Yadav @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14398 of 2023 Arising Out of PS. Case No.-41 Year-2020 Thana- TANKUPPA District- Gaya ====================================================== VIKRAM YADAV @ VIKRAM KUMAR Son Shivnandan Prasad Resident of Village- Shon Bigha, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2023 On call, no one appears on behalf of the petitioner. Although, learned APP for the State is present. The petitioner apprehends his arrest in connection with Tankuppa P.S. Case No. 41 of 2020 for the offence registered under sections 341, 342, 323, 324, 307, 216 and 120(B) of the Indian Penal Code and section 27 of the Arms Act lodged on 25.05.2020 by the informant, Chandan Kumar. The prosecution story in brief is that on 14-05-2020 informant and accused was playing Cricket but during the game differences arose and it converted into conflict between them. When informant to attend nature's calls, he heard firing sound and tried to run away toward his house. At that moment, all accused person came and started abusing the informant. As he ttried to stop them Birendra @ Pari took deshi 'katta' and fired
Patna High Court CR. MISC. No.14398 of 2023(2) dt.23-05-2023 2/3 on chest but some unknown boy caught hold of his hand as result bullet hits the lower parts of my right leg. Accordingly, the FIR.
As per the petition, the allegation of firing is against one Birendra @ Pari, the petitioner do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Judicial Magistrate, Gaya in connection with Tankuppa P.S. Case No. 41 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
Patna High Court CR. MISC. No.14398 of 2023(2) dt.23-05-2023 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/Neha/- U T