Vikki Kumar @ Vikki Ray @ Kundan Kumar @ Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12603 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- MOKAMAH District- Patna ====================================================== VIKKI KUMAR @ VIKKI RAY @ KUNDAN KUMAR @ KUNDAN S/O SANJAY MAHTO @ SANJAY RAY R/v- Simariya Ghat Bind Toli, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mokama P.S. Case No. 92 of 2021 dated 27.03.2021 registered for the offence under Sections 392 of the Indian Penal Code.

Three miscreants are alleged to have committed loot of motorcycle and mobile of the informant on the point of gun.

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 petitioner has not been named in the F.I.R., however, his

Patna High Court CR. MISC. No.12603 of 2023(3) dt.24-06-2023 2/3 name transpired in this case during course of investigation and on the basis of confessional statement of the co-accused, Mithlesh Bind. He further submits that nothing incriminating has been recovered from the house or conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner has been remanded in this case on 02.09.2022 and since then he is rotting in judicial custody.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries fourteen more cases other than the present one and out of that the petitioner has been allowed bail in all cases. 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 A.C.J.M.-II, Barh, Patna in connection with Mokama P.S. Case No. 92 of 2021 with the following conditions:-

(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.12603 of 2023(3) dt.24-06-2023 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