Vinod Sah @ Vinod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69889 of 2018 Arising Out of PS. Case No.-118 Year-2000 Thana- PATEPUR District- Vaishali ====================================================== Vinod Sah @ Vinod Kumar Sah, Son of Rambabu Sah, Resident of VillageMadhopur Dighrua, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Sri Kalyan Shankar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Patepur P.S. Case No. 118 of 2000 (Sessions Trial No. 157 of 2018) registered for the offences punishable under Section 364 of the Indian Penal Code.

Informant has stated in her written complaint that while she was sleeping with her family members, 8-10 unidentified persons came and took her husband forcibly. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Name of the petitioner has surfaced on the basis of confessional statement of co-accused. Petitioner has no criminal antecedent and is in custody since 28.02.2018.

Patna High Court Cr.Misc. No.69889 of 2018(3) dt.20-12-2018 2/2 Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected at this stage. However, after one year of jail custody the petitioner would be at liberty to be enlarged on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 118 of 2000 (Sessions Trial No. 157 of 2018), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. Accordingly, this Criminal Miscellaneous is here by disposed of.

(S. Kumar, J) Rajiv/- U T