Vikash Kumar @ Vikash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.56073 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56073 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Vikash Kumar @ Vikash Yadav, Son of Rajkumar Yadav, Resident of Village- Perhap, P.S.- Sahar, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Suraj Narain Yadav, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 279, 304 of the Indian Penal Code registered in connection with Sahar P.S. Case No. 191 of 2017.

3. It is submitted that the petitioner has been falsely implicated and even from the F.I.R. it is evident that the petitioner and the victim was not known to each other. It is submitted that the occurrence is a mere case of accident and the offences alleged are not made out against the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.56073 of 2018 (2) dt.08-10-2018 to the satisfaction of learned Additional Chief Judicial Magistrate-X, Ara (Bhojpur) in connection with Sahar P.S. Case No. 191 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T