Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28717 of 2018 Arising Out of PS.Case No. -173 Year- 2014 Thana -ARIYARI District- SEKHPURA ====================================================== Vikash Kumar, Son of Mahesh Mahto, resident of Village- Parihara, P.S.- Bakhari, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ariyari P.S. Case No.173 of 2014 registered for the offences punishable under Sections 399, 402, 393, 467, 468, 419, 420 and 414 of the Indian Penal Code.
It is alleged that this petitioner along with other coaccused used to over take the vehicle and after injecting the driver, they commit loot.
It has been submitted that nothing incriminating article has been recovered from conscious possession of the petitioner. The other co-accuseds having similar allegation have been allowed bail in Cr.Misc.No.62920 of 2017,
Patna High Court Cr.Misc. No.28717 of 2018 (3) dt.02-07-2018 Cr.Misc.No.34161 of 2015, Cr.Misc.No.27268 of 2015, Cr.Misc.No.19955 of 2015, Cr.Misc.No.18164 of 2015, Cr.Misc.No.17639 of 2015, Cr.Misc.No.18382 of 2018. The case of this petitioner stands on similar footing. He is in custody since 26.12.2014.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Sheikhpura in connection with Sessions Trial No.25 of 2015 arising out of Ariyari P.S. Case No.173 of 2014, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without
Patna High Court Cr.Misc. No.28717 of 2018 (3) dt.02-07-2018 showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U