Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39826 of 2020 Arising Out of PS. Case No.-344 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== VIKASH KUMAR S/o Ashok Singh, R/o Village-Goay Chak, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is of looting the cash bag on the gun point. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on the basis of confessional statement of co-accused petitioner has been made accused in this case. There is no T.I. Parade till date. There is no recovery of incriminating articles from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.39826 of 2020(5) dt.09-04-2021 2/3 21.10.2019. The co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 19.01.2021 passed in Cr. Misc. No. 22106/2020.

Learned APP for the State opposes the prayer for bail of the petitioner.

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 in connection with Makhdumpur P.S. Case No. 344/2019 to the satisfaction of learned Court below where the case is pending; subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.39826 of 2020(5) dt.09-04-2021 3/3 investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T