Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21791 of 2019 Arising Out of PS. Case No.-426 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== VIKASH KUMAR Son of Ramesh Mahto @ Ramesh Patel @ Ramesh Kumar Mahto Resident of Village- Basanta, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.09.2018 in connection with Hajipur Sadar P.S. Case No. 426 of 2018 for offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while he had gone to the Samadhan office and after collecting Rs. 80,000/- was returning in the motorcycle along with one Jitendra Das, three motorcycle borne criminals intercepted them, took away the cash and motorcycle and also fired on the informant and his associate, which injured them. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information

Patna High Court CR. MISC. No.21791 of 2019(2) dt.11-04-2019 2/3 Report and has been falsely implicated in the aforesaid case on the basis of confessional statement of co-accused and that of the petitioner before the police, which has no evidentiary value in the eye of law. He further submits that nothing has been recovered from the conscious possession of the petitioner, no T.I. Parade has been done so far and charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses. It is further submitted that one of the coaccused has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 3967 of 2019 vide order dated 25.01.2019.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and two more cases of similar nature are pending against him.

Considering the nature of allegations and the materials on record as well as the fact that charge-sheet has already been submitted, let petitioner, above named, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 426 of 2018,

Patna High Court CR. MISC. No.21791 of 2019(2) dt.11-04-2019 3/3 subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T