Vikesh Kumar Karn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26739 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- KADWA District- Katihar ====================================================== VIKESH KUMAR KARN, son of Late Govind Lal Das, R/o village-Sagrath, P.S.-Kadwa, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Kadwa P.S. Case no.219/2021 instituted under Section 341, 448, 323, 324, 307, 379, 504, 506/34 of the IPC. As per the allegation in the FIR, the accused persons entered into the house of the informant and after assaulting the couple, it is alleged that some articles were looted. Learned counsel for the petitioner submits that both the petitioner and the informant are related to each other, the petitioner being maternal son of the informant. It is further alleged that out of land dispute, his name has been implicated in this case for which he has already suffered by being in custody

Patna High Court CR. MISC. No.26739 of 2022(2) dt.30-08-2022 2/3 since 29.08.2021 despite the fact that he has no criminal antecedent.

Taking into account the aforesaid fact as also that the petitioner is in custody since 29.08.2021, has no criminal antecedent and charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Kadwa P.S. Case no.219/2021 to the satisfaction of learned District & Sessions Judge, Katihar, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.26739 of 2022(2) dt.30-08-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T