Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19615 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- PALI District- Jehanabad ====================================================== Vikas Kumar S/o Sanjit Singh @ Sanjit Sharma R/o Village- Amarpura, P.S. Pali, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 411, 413, 414, 419, 420, 467, 468/34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that informant alleges that during the course of
2/4 vehicle checking, the informant noticed that driver of a vehicle on seen the police took an abrupt 'U' turn, but was apprehended, who disclosed his name as Laxman Kumar, and when the police asked for the documents of the vehicle he disclosed that the documents of the vehicle is with Vikash and petitioner, but when the documents were verified through online mode the owner of the vehicle were different. Further the police went to the house of Vikash where they found a Swift Dezire vehicle without number plate parked and also recovered three number plates which was seized. Thereafter, Laxman who was questioned who disclosed that Vikash and Shivam are involved in sale and purchase of stolen vehicles.
4. The learned counsel next submits that based on confessional statement of Laxman he came to be implicated in the instant case when it has been specifically pleaded at para-10 of the anticipatory bail application that petitioner has documents in his possession to substantiate that white Scorpio and white Suzuki Dezire belongs to him.
5. It is further submitted that if an opportunity is given petitioner will substantiate his claim before the police. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.
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6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge,IIIrd, Jehanabad in connection with Pali P.S. Case No.143 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner and to take all coercive steps to ensure that petitioner is behind bar.
9. It is further made clear that if the police after investigation submits charge sheet connecting the petitioner
4/4 with the offence, in that event, the present anticipatory bail order shall loose its effect.
10.
The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T