Bikku Kumar @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20251 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Bikku Kumar @ Vikas Kumar, S/o Girbal Sahni @ Girwal Sahni R/o of Village - Purainiya, P.S.- Lalganj, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and the State.
The petitioner is in custody in connection with Bhagwanpur P.S. Case No. 309 of 2021 under section 392 of the Indian Penal Code.
The allegation against him is that of snatching motorcycle and other belongings of the informant including Rs.21,000/-.
Learned counsel for the petitioner submits that there has not been any recovery from his possession, the motorcycle has still not been recovered and he is in custody since 23.01.2022 (as stated in para-12 of the bail application). He further submits that he do not have any criminal antecedent. Taking into account the fact that the petitioner is a student and do have future, he is in jail since 23.1.2022 and
Patna High Court CR. MISC. No.20251 of 2022(2) dt.03-08-2022 2/3 charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail. However, if it is found that he has criminal antecedent, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 309 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.20251 of 2022(2) dt.03-08-2022 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T