Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21050 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- DESARI District- Vaishali ====================================================== VIKASH KUMAR Son of Munna Paswan Resident of Village- Khoksa kalyan, P.S.- Desari, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh, Adv For the Opposite Party/s :
Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-11-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 06.11.2020 seeks bail in connection with Desari P.S. Case No. 160 of 2020 registered for offences punishable under Section 392 of the Indian Penal Code.
Prosecution case in brief is that after collecting money from Mahila Samiti informant was on way to deposit the money at Bharat Finance then two miscreants aged about 20-25 years stopped his motorcycle and took away the entire collected money, mobile phone and other documents by threatening him not to give information to the police.
Learned counsel appearing on behalf of the petitioner submits that on the confessional statement of co-accused Pintu
Patna High Court CR. MISC. No.21050 of 2021(3) dt.30-11-2021 2/3 Kumar the petitioner has been roped in the present case and nothing incriminating has been recovered from the possession of the petitioner. He further submits that petitioner is in custody since 06.11.2020 and be released on bail.
Learned A.P.P., however, opposes the prayer for bail. Considering the rival submissions of the parties, taking into consideration petitioner has not been named in the FIR rather he has been made accused on the confessional statement of co-accused Pintu Kumar and petitioner has got one criminal antecedent in connection with Desari P.S. Case No. 203 of 2020 for offences punishable under Sections 414 of the Indian Penal Code and Section 22 of the N.D.P.S. Act in which he has been released on bail vide order dated 19.03.2021 passed in Cr. Misc. 38292 of 2020, let the petitioner above named, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 15, Vaishali at Hajipur in connection with Desari P.S. Case No. 160 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court
Patna High Court CR. MISC. No.21050 of 2021(3) dt.30-11-2021 3/3 concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T