Vikash Kumar @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22105 of 2020 Arising Out of PS. Case No.-212 Year-2017 Thana- BYPASS District- Patna ====================================================== VIKASH KUMAR @ VIKAS KUMAR Son of Late Jagdish Prasad Resident of Behind teachers Colony Mohalla Kumhrar, P.S.- Agamkuan, Distt- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Adv For the Opposite Party/s :

Mrs.Asha Devi,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and learned APP for the State in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307,34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The informant claims to have identified the petitioner as one of the assailants of the parents of his father. Petitioner is in custody since 21.12.2017.

In the past, twice prayer for bail was refused with direction to the learned Trial Judge to expedite and conclude the trial at the earliest. The last refusal order was passed on 19.06.2019.

The report of the learned Trial Judge dated 26.08.2020 reveals that only one prosecution witness was

Patna High Court CR. MISC. No.22105 of 2020(3) dt.06-11-2020 2/2 examined on 20.02.2019 and thereafter no prosecution witness has turned up during course of trial.

Submission is that the petitioner is ready to cooperate with the trial.

Considering the period already undergone by the petitioner as undertrial prisoner and no allegation of tampering with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Trial No.403 of 2018 arising out of Bypass Police Station Case No.212 of 2017, with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T