Viky Kumar Ram @ Vickky Kumar Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.12690 of 2017 (2) dt.08-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12690 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -ISUAPUR District- SARAN ====================================================== Viky Kumar Ram @ Vickky Kumar Ram Son of Lautan Ram, Resident of Village- Chakachan, P.S.- Isuapur, District- Saran - Chapra. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Isuapur P.S. Case No. 148 of 2016 registered for the offences punishable under Sections 379, 380, 411/34 of the Indian Penal Code.

Allegedly, co-accused Pramod Kumar Singh was apprehended and from his possession three mobiles, two of them was alleged to be stolen, and keys of two motorcycles were recovered. On the basis of confessional statement of the apprehended person namely, Pramod Kumar Singh the motorcycle stolen from Shiswan market was recovered kept aside the road and he disclosed that in the occurrence of lifting of the said stolen motorcycle the petitioner was with him who got down from the motorcycle in the way, later on the petitioner was arrested from his house.

Submission is of false implication and that besides the

Patna High Court Cr.Misc. No.12690 of 2017 (2) dt.08-04-2017 confessional statement of Pramod Kumar Sing with whom the petitioner has previous enmity there is nothing against him, the petitioner was not arrested at the spot, nothing has been recovered from his possession and without any fault he is suffering in custody since 22.10.2016 and as such he deserves sympathetic consideration. Learned APP submits that the name of the petitioner has come in the confessional statement of Pramod Kumar Singh. In the facts and circumstances stated above, the petitioner above named is 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 learned A.C.J.M VI, Saran at Chapra in connection with Isuapur P.S. Case No.

148 of 2016, subject to the conditions that one of the bailors must be a 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.