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Patna High CourtCR. MISC./3718/2021bail granted

Vikash Kumar Alias Vikash Kumar Singh Alias Chunmun v. The State Of Bihar

2021-12-03Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3718 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== VIKASH KUMAR ALIAS VIKASH KUMAR SINGH ALIAS CHUNMUN, Male, aged about 39 years, Son of Rajgrih Singh, Resident of Chakia, Chhirbilli, P.S.-Kudra, District-Kaimur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sumeet Kumar Singh, Advocate For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

The petitioner is apprehending his arrest in connection with Mohania P.S. Case No. 256 of 2020 for the offence registered under Sections 409, 419, 420, 414 and 120(B) of the I.P.C.

The prosecution story, in brief, is that the petitioner and other co-accused persons on the alleged date of occurrence were allowing the Trucks loaded with Sand to cross the CheckPost after taking bribery of Rs. 4000-5000/- from the Trucks

Patna High Court CR. MISC. No.3718 of 2021(2) dt.03-12-2021 2/3 Drivers. Earlier also, they did the same kind of act which was found proved after verification from the Toll Plaza, Mohania. Thus, they were causing loss to the government Ex-chequer. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case on the basis of disclosure made by co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Mohania, Kaimur in connection with Mohania P.S. Case No. 256 of 2020, subject to

Patna High Court CR. MISC. No.3718 of 2021(2) dt.03-12-2021 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T