Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35939 of 2018 Arising Out of PS. Case No.-723 Year-2017 Thana- DANAPUR District- Patna ====================================================== Vikash Kumar, son of Ashok Kumar @ Ashok Kumar Singh @ Ashok Singh, resdient of village- Gowaichak, P.S.- Naubatpur, District-Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajanan Mishra For the Opposite Party/s :
Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Danapur P.S.Case No. 723 of 2017 registered under Sections 399 and 402 of the Indian penal Code and Sections 25(1-b)a/26/35 of the Arms Act.
Allegation in brief is that four persons were apprehended as they were making an attempt to escape away vehicle and arms were recovered from their possession.
Learned counsel for the petitioner seeks bail of the petitioner on the ground of parity, as one of the co-accused Santosh Kumar @ Santosh Paswan, from whose possession also recovery is said to have been made regarding arms and live cartridges, has been admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. Ni. 23691 of 2018. He further submits that prior to institution of the case, petitioner has no criminal
Patna High Court Cr.Misc. No.35939 of 2018(2) dt.22-06-2018 2/2 antecedent and only after institution of this case, he has been implicated in another case and is in custody since 24.10.2017. Having considered the aforesaid facts and circumstances, the petitioner, namely , Vikash Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Danapur in connection with Danapur P.S. Case No. 723 of 2017 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled.
(Arun Kumar, J) sujit/- U T