Vikrant @ Vikrant Kumar @ Boula v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37404 of 2020 Arising Out of PS. Case No.-570 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== VIKRANT @ VIKRANT KUMAR @ BOULA, SON OF VINAY YADAV @ VINAY KUMAR YADAV, Resident of Village- Aoura, P.S.- Magada University, Distt- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Md.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in brief is that the Manager of Petrol Pump used to deposit the sale amount of the pump and on 02.12.2019 at about 10.20 am he alongwith Nozelman were going to deposit Rs.8,19,000/- in the bank on motorcycle and
Patna High Court CR. MISC. No.37404 of 2020(2) dt.02-02-2021 2/3 when reached 500 meters away from the petrol pump in the meantime three unknown miscreants boarding on another Bike dashed the informant's Bike and started beating to them from the butt of pistol. Informant further stated that during course of said occurrence bag containing money torned and cash scatter on the road but the accused persons taken away most part of the money by doing fire from their firearm and remaining Rs.60,000/- was subsequently handed over to the owner of petrol pump. As such the said miscreants succeeded to looted away Rs.7,49,400/- from their possession.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The FIR of the occurrence of robbery is against unknown. Investigation of the case is already completed. He was never put on T.I.P. during investigation nor any incriminating article was recovered from his possession. He further submits that there is recovery Rs.24,000/- from the possession of co-accused Kapil Kumar and the same has been granted bail vide order dated 28.02.2020 passed in Cr. Misc. No. 11867/2020. The petitioner is in custody since 22.04.2020 and has got no criminal antecedent.
Learned APP for the State opposes the prayer for bail
Patna High Court CR. MISC. No.37404 of 2020(2) dt.02-02-2021 3/3 peition.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 570/2019, subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall full cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Anjani Kumar Sharan, J) amitkumar/- U T