Vikash Kumar @ Vikash Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23173 of 2023 Arising Out of PS. Case No.-417 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Vikash Kumar @ Vikash Sahani S/O Late Shivnath Sahani Resident of Village- Mishrain Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail, who is in custody since 19.11.2022, in connection with paharpur P.S. Case No. 417 of 2022, F.I.R. dated 18.11.2022 registered for the offences punishable under Sections 414, 379, 411, 34 of the Indian Penal Code.
Allegation against the petitioner is of stealing the motorcycle of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that the petitioner was apprehended at the spot with one looted motorcycle along with one other co-
Patna High Court CR. MISC. No.23173 of 2023(2) dt.18-05-2023 2/3 accused person. He further submits that there is non compliance of Section 100 of the Cr. P.C. and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 19.11.2022.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more case other than the present one in which he is on bail.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 11th Additional Chief Judicial magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 417 of 2022, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.23173 of 2023(2) dt.18-05-2023 3/3 for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T