Vikky Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1203 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Vikky Sharma, son of Hari Om Sharma, Resident of Mohalla- Chunihari Tola, P.S.- Kotwali, District- Bhagalpur.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjan Kumar Jha For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2017 The appellant seeks regular bail in connection with Sabour P.S. Case No. 63 of 2016, registered for offences punishable under Section 302/120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3(II) (V) of SC/ST Act. It has been submitted on behalf of the appellant that appellant's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that other coaccused, on whose confessional statement, appellant name transpired in this case, has already been granted bail by this Court vide order dated 20.08.2016, passed in Criminal Miscellaneous No. 35940 of 2016. Further appellant has been in judicial custody since 09.12.2016.

Patna High Court CR. APP (SJ) No.1203 of 2017 (5) dt.03-07-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that appellant's name transpired in this case only on the basis of confessional statement of co-accused and except that there is nothing against him, as such this appeal is allowed, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge -cum-Special Judge, Bhagalpur. in connection with Sabour P.S. Case No. 63 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant 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

Patna High Court CR. APP (SJ) No.1203 of 2017 (5) dt.03-07-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T