Vikash Kumar @ Rupesh Kumar @ Vikash Sinha @ Rupesh Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33875 of 2024 Arising Out of PS. Case No.-861 Year-2023 Thana- BEUR District- Patna ====================================================== Vikash Kumar @ Rupesh Kumar @ Vikash Sinha @ Rupesh Sinha Son Of Ram Awadhesh Singh R/O Village- Saren, P.S.- Jehanabad, Dist- Jehanabad At Present Renter Of Birendra Kumar Singh's House Alkapuri, P.S.- Gardanibagh, Dist- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Babu For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Beur P.S. Case No. 861 of 2023 for the offence registered under section 414 of the I.P.C. lodged on 23.12.2023 by the informant, Manoj Kumar Rai.
3. As per the prosecution story, the informant alleged that he intercepted a person with motocycle. He gave his name of Mantu Kumar, failed to produce any paper and confessed that it is a stolen motorcycle. He gave the name of his accomplice as this petitioner. Accordingly, the F.I.R.
4. Learned counsel submits that he do not have criminal antecedent but only because the person who was caught on spot with the stolen motorcycle, his name has cropped
Patna High Court CR. MISC. No.33875 of 2024(2) dt.23-05-2024 2/3 up in the case.
5. Learned APP opposes the prayer and submit that his name transpired during confessional statement of the accused arrested, Mantu Kumar.
6. Taking into account the aforesaid submission as also the fact that the petitioner do not have criminal antecedent and his name has come in the confessional, this Court is inclined to extend the privilege of anticipatory bail with conditions.
7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Beur P.S. Case No. 861 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his 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 reason will entail
Patna High Court CR. MISC. No.33875 of 2024(2) dt.23-05-2024 3/3 cancellation of his bail bond by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Guddu/- U T