Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27662 of 2020 Arising Out of PS. Case No.-1121 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== VIKKY KUMAR S/O Kamal Ram @ Kamal Kumar Das R/o Village - Chhawani, P.S. - Manuapul, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Additional Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 and 414 of Indian Penal Code and 25 (1-b)a, 26 and 35 of Arms Act. The prosecution case in brief is that, on a secret information a raid was conducted and four persons were nabbed and from them arms and ammunition were recovered. On the disclosure made by one of the co-accused, petitioner has been named in this case.

It is submitted by learned counsel for the petitioner that petitioner was not arrested at the spot and nothing has been recovered from the possession of the petitioner. No case under Section 414 of the I.P.C. is made out against the petitioner.

Patna High Court CR. MISC. No.27662 of 2020(2) dt.20-10-2020 2/2 Petitioner is in custody since 09.02.2020. It is stated in paragraph 3 of the bail petition by learned counsel for the petitioner that petitioner has got clean antecedent. Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah (Town) Police Station Case No. 1121 of 2018 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) Ankit/- U T