Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27733 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- NATWAR District- Rohtas ====================================================== 1.

Vikash Kumar Son of Raghav Singh Resident of Village- Wajirganj, Police Station- Sasaram (M), District- Rohtas.

2.

Govind Singh @ Govind Kumar Son of Lal Mohar Singh Resident of Village- Wajirganj, Police Station- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Natwar P.S. Case No.39 of 2020 registered under sections 414, 413, 188, 269, 270, 271 and 34 of the Indian Penal Code.

As per allegation in the FIR, when the vehicle wherein the three accused persons including the two petitioners herein were travelling, was signalled by the police to stop, it is stated that they made an attempt to escape. The two petitioners were caught while the third accused namely, Sumant Sah managed to escape. It is stated that on asking for papers with respect to the vehicle, no documents were produced by the accused persons.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No. 27733 of 2020(3) dt.02-12-2020 2/2 petitioners that the allegations against the petitioners are false and malicious. They have been implicated only on the basis of suspicion and no incriminating article has been recovered from their possession. They had merely taken a lift in the vehicle in question and besides this they have no concern with the same. The petitioners have clean antecedent and are in custody since 16.5.2020. Investigation with respect to the same have concluded.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioners being in custody since 16.5.2020 and having no criminal antecedent, this Court is inclined to enlarge both the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Natwar P.S. Case No.39 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bikramganj, District -Rohtas. (Partha Sarthy, J) Bibhash/- U