Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28125 of 2021 Arising Out of PS. Case No.-422 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== VIKASH KUMAR Son of Nawal Kishor Sharma @ Nepali Singh Resident of Village- Aaropur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Ishwar Chandra, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Naubatpur P.S. Case No. 422 of 2019 for the offence punishable under Sections 506, 386, 387, 120(b) and 34 of the Indian Penal Code.

The allegation is regarding the petitioner demanding extortion money in the Naubatpur Market from the shop keepers and threatening them by showing arms. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case on account of his bad criminal antecedent. It is further submitted that the petitioner is ready to abide by

Patna High Court CR. MISC. No.28125 of 2021(2) dt.07-12-2021 2/3 such terms and conditions as may be deemed fit and proper to be imposed by this Court.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is languishing in custody since 22.08.2019, this Court deems it fit and proper to grant the privilege of regular bail to the petitioner, however, subject to certain conditions. Accordingly, the petitioner, above named, is directed to be released on bail upon him 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.-2nd, Danapur in connection with Naubatpur P.S. Case No. 422 of 2019. It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. At this stage, the learned counsel for the petitioner has

Patna High Court CR. MISC. No.28125 of 2021(2) dt.07-12-2021 3/3 informed this Court that the petitioner is yet to be granted bail in one criminal case which is pending against him out of 14 other criminal cases.

In such view of the matter, it is directed that the aforesaid condition of marking attendance before the S.H.O. concerned shall become applicable upon the petitioner as soon as the petitioner is released from custody.

(Mohit Kumar Shah, J) S.Sb/- U T