Kalu @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14642 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== KALU @ VIKASH KUMAR S/o Manish Choudhary @ Manish Kumar R/o village- Fulwariya Chowk, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore(App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Muffasil P.S. Case No. 350 of 2019, registered for the offence under Section 414 of the Indian Penal Code.

It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated. It is further submitted that name of petitioner has come in the F.I.R. on the basis of disclosure made by co-accused Bipin Kumar. Save and except this, there is nothing against the petitioner. No incriminating article has been recovered from the possession of the petitioner and no case under Section 414 of the I.P.C. is made out against him. The petitioner is in custody since 09-01-2020.

Patna High Court CR. MISC. No.14642 of 2020(3) dt.02-06-2020 2/2 Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Gaurav, learned Judicial Magistrate 1st Class, Katihar in connection with Muffasil P.S. Case No. 350 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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.".

(Prabhat Kumar Singh, J.) anay U T