Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54436 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -SONBERSA District- SITAMARHI ======================================================

1. Vivek Kumar, Son of Ram Vinay Kumar, Resident of VillageSingrahiya, P.S. Sahiyara, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 The petitioner seeks regular bail in connection with Sonbarsa P.S. Case No. 61 of 2016, registered for offences punishable under Sections 385/387 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused, who has already been granted the privilege of regular bail vide order dated 13.02.2017 passed in Criminal Miscellaneous No. 4453 of 2017 and petitioner has been languishing in judicial custody since 04.05.2016. As regards other criminal antecedents, it has been submitted that all those cases have been instituted against the petitioner only after arrest in the present case.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54436 of 2016 (3) dt.27-02-2017 2/3 Having heard both sides, no doubt petitioner is an accused in several other cases but in the present case, save and except the confessional statement of co-accused, there is nothing against the petitioner and also the said co-accused has already been granted regular bail by this Court and the petitioner has been in custody for nine months, as such, let petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Sonbarsa P.S. Case No. 61 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.54436 of 2016 (3) dt.27-02-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U