Vicky Choudhary @ Vikash Baitha @Vicky Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5883 of 2016 Arising Out of PS.Case No. -690 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== VICKY CHOUDHARY @ VIKASH BAITHA @ VICKY BAITHA S/o Bhukhalu Baitha, resident of Mohalla- Hathsarganj, P.S.- Hajipur Nagar, Distt- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hajipur Nagar P.S. Case No. 690 of 2013 registered for the offences punishable under Sections 399, 402, 353, 307 & 414 of the Indian Penal Code and Section 35 and 27 of the Arms Act. Allegedly, during raid miscreants opened fire on police personnel and some of them succeeded in fleeing away but six of them were caught with fire arm and cartridges and they disclosed the name of the petitioner.

Submission is of false implication and that Sonu Kumar, Laalu Sahni and Mantu Kumar, who have been

Patna High Court Cr.Misc. No.5883 of 2016 (2) dt.19-02-2016 2/2 apprehended at the spot, have already been allowed bail by another co-ordinate Bench of this Court and the petitioner suffering in custody since 24.12.2014, deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that petitioner has got criminal antecedent. In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vaishali at Hajipur in connection with Hajipur Nagar P.S. Case No. 690 of 2013 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T