Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23175 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== Vikash Kumar Son of Uma Sah @ Umashankar Sah Resident of Village - Suful Pakad, Belwatiya, P.S.- Sugauli, District - East Champaran . Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Randhir Kumar No.1, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under section 392 of the Indian Penal Code. Prosecution's case, in brief, is that at 11 PM when the informant and his Mausera brother reached near north bridge of Bhaisara village, three to four miscreants stop their motorcycle, and snatched the mobile phone, cash of Rs.420/- from the pocket of the informant. They also assaulted them and took away the motorcycle.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Hari Om Kumar. Save and except, there is no other material to connect him with the occurrence. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner has not been put on test identification parade (TIP) till date. Petitioner is in custody since 21.5.2019. Similarly situated co-accused have already been allowed bail by different benches of this Court mentioned in paragraph 8 of the bail petition.

Patna High Court CR. MISC. No.23175 of 2020(2) dt.08-09-2020 2/2 In the facts of the case, 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 Sub Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari in Ramgarhwa Police Station Case No. 90 of 2019/Tr No.1844/2019), 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