Vikash Ram @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60801 of 2017 Arising Out of PS.Case No. -299 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Vikash Ram @ Vikash Kumar S/o Arbind Ram, R/o Village- Manoharpur, P.S.- Dinara, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Nokha Police Station Case No. 299 of 2017 registered for offences punishable under sections 147, 148, 149, 341, 323, 307, 353, 436, 427, 504, 153A, 295A and 505C of the Indian Penal Code.
The above case has been registered on the basis of self statement of S.H.O. of Nokha Police Station against 92 persons. It is alleged that on the occasion of immersion of idol of Goddess Durga, the members of two communities indulged in scuffle and they started pelting stones on each other. The processionist allegedly assaulted the police party, ignited fire in some of the shops and damaged public property.
Patna High Court Cr.Misc. No.60801 of 2017 (2) dt.20-12-2017 2/3 It has been alleged that in the said occurrence, neither any police party nor any private person sustained injury. The other FIR named accused having similar allegation have been allowed bail by different coordinate Benches of this Court in Criminal Miscellaneous Nos. 55082 and 57048 of 2017. Further submission is that the petitioner having clean antecedent, is in custody since 03.10.2017 and his case stands on similar footing to the case of co-accused who have been allowed bail in the aforesaid cases so he also deserves bail.
Learned Additional Public Prosecutor opposed the submission.
Considering the facts and circumstances, as stated above, the prayer of bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha Police Station Case No. 299 of 2017, 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
Patna High Court Cr.Misc. No.60801 of 2017 (2) dt.20-12-2017 3/3 tamper with the evidence.
(iii) 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 showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T