Vicky Kumar @ Bikki Kumar Ram @ Bikky Ram @ Bikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49080 of 2017 Arising Out of PS.Case No. -531 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vicky Kumar @ Bikki Kumar Ram @ Bikky Ram @ Bikky Kumar, S/o Late Harihar Ram , R/o Mohalla Mauna Dhanuk Toli, Chapra, P.S.- Chapra Town, District- Saran (Chapra).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party : Mr. Sri Jagdhar Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sessions Trial No. 534 of 2015 arising out of Motihari Town P.S. Case No. 531 of 2014 registered for the offences punishable under Sections 489B/489C/34 of the Indian Penal Code.

Allegedly, from the possession of the petitioner fake notes of Rs. 38,000/- was recovered besides other articles. Submission is of false implication and that the petitioner is suffering in custody since 05.08.2014, he has been sufficiently penalized, as per written report offences under Section 489 (C) of the I.P.C. is made out which is bailable. Earlier for want of prosecution the criminal miscellaneous of the petitioner was dismissed by order dated 14.07.2016 passed in Cr. Misc. No. 15057 of 2016 and as, such, now the petitioner deserves

Patna High Court Cr.Misc. No.49080 of 2017 (2) dt.18-10-2017 2/2 sympathetic consideration, as no prosecution witness has been examined, though the charges were framed on 02.09.2015 and against the witnesses non-bailable warrant of arrest have been issued.

Learned A.P.P. fairly submits that now the petitioner has remained in custody.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-14th, Motihari, East Champaran., in connection with Sessions Trial No. 534 of 2015 arising out of Motihari Town P.S. Case No. 531 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T