Vikki Kumar @ Abhijeet Aryan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72782 of 2018 Arising Out of PS. Case No.-613 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Vikki Kumar @ Abhijeet Aryan S/o Sri Ram Lakhan Thakur Resident of Village- Manoharpur, Kachuyara, P.S. Gopalpur, Distt. Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 613 of 2018 registered for the offences punishable under Sections 399, 402, 414, 25(1-b) a, 26 and 35 of the Arms Act.

Informant who is a police officer has stated that on 16.08.2018 he got a secret information that some miscreants assembled to commit grave crime and on said information he raided at the said place and apprehended the petitioner and coaccused persons and recovered arms and other articles. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. He was not arrested on the spot and no incriminating articles have been

Patna High Court Cr.Misc. No.72782 of 2018(2) dt.11-12-2018 2/2 recovered from his possession. He has no criminal antecedent and he is in custody since 18.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XV, Patna in connection with Phulwarisharif P.S. Case No. 613 of 2018, subject to the 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 his absence on two consecutive dates without sufficient reason, 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. (S. Kumar, J) Rajiv/ManojU T