Vikky Kumar @ Pochwa @ Phochka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30687 of 2021 Arising Out of PS. Case No.-146 Year-2018 Thana- BEUR District- Patna ====================================================== Vikky Kumar @ Pochwa @ Phochka Son Of Vijay Prasad @ Vinod Prasad @ Vijay Kumar Sah R/O - Panchbaghwa, Devi Asthan East Nand Gola, P.S.- Malsalami, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Additional D.G. Vigilance, Bihar,Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Saurabh Kumar, Advocate For the Opposite Party :

Mr.A.K Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was refused by this Court vide order dated 4.3.2020 passed in Cr.Misc.No.14269/2020.

Learned counsel for the petitioner submits that several similarly situated co-accused have already been allowed bail by this Court vide paragraph 7 of the bail petition. Petitioner is in custody since 18.5.2018.

From perusal of the trial court's report dated 24.8.2021 it appears that the case is still pending at the stage of submission of final form.

Considering the period of incarceration of the petitioner and progress of the trial and the fact that several

Patna High Court CR. MISC. No.30687 of 2021(3) dt.22-09-2021 2/2 similarly situated co-accused have already been allowed bail by this Court, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Vigilance Patna in Beur Police Station Case No. 146 of 2018/ Special Case No. 47 of 2018 on 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T