Vikram Sah @ Vikram Kumar @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45736 of 2021 Arising Out of PS. Case No.-84 Year-2019 Thana- PANJWARA District- Banka ====================================================== VIKRAM SAH @ VIKRAM KUMAR @ BIKRAM KUMAR S/o RAMJEE SAH R/o VILLAGE-GHOGHA BAZAR, P.O-SHANKARPUR, KHAWAS, P.S-GHOGHA, DISTRICT-BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baban Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Panjwara P.S. Case No. 84 of 2019 registered for the offence under Sections 392 of the Indian Penal Code.

The case relates to loot of bag containing Rs. 13,000/- along with ATM, collection register, driving licence and mobile on the point of gun.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.45736 of 2021(2) dt.13-12-2021 2/3 innocent and has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. but during course of investigation, name of this petitioner transpired in this case alleging that the alleged mobile along with the sim was being used by the petitioner. Neither any looted article has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. as yet. Moreover, the co-accused, namely, Rajiv Kumar, who is named in the F.I.R., has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.01.2021 passed in Cr. Misc. No. 34298 of 2020 and another co-accused, namely, Sonu Kumar, has also been granted bail by this Court vide order dated 03.12.2021 passed in Cr. Misc. No. 36163 of 2021. The petitioner happens to a student is rotting in judicial custody since 08.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned A.C.J.M.-I, Banka in connection with Panjwara P.S.

Patna High Court CR. MISC. No.45736 of 2021(2) dt.13-12-2021 3/3 Case No. 84 of 2019 with 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 canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T