Vicky Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.190 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vicky Kumar Singh, Son of Late Arvind Singh, Resident of VillageBanjariya, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.09.2017 in connection with Madhuban P.S. Case No. 66 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he works in a financial company and while returning, two unknown accused persons intercepted him and took away Rs. 84,730/- which belongs to the company and his own money Rs. 1180 and mobile.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and has been

Patna High Court Cr.Misc. No.190 of 2018 (3) dt.31-01-2018 2/3 made accused only on the basis of confessional statement of coaccused Chandan Kumar who was arrested by the police in Madhuban P.S. Case No. 71 of 2017 and the petitioner has been made accused along with others in the present case. He submits that one of the co-accused on similar allegation has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 56147 of 2017 vide order dated 23.11.2017, no T.I. Parade has been done so far and nothing has been recovered from his possession.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th Motihari in connection with Madhuban P.S. Case No. 66 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below

Patna High Court Cr.Misc. No.190 of 2018 (3) dt.31-01-2018 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Arjun/- U T