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Patna High CourtCR. MISC./43826/2019bail granted

Vikash Kumar Sahani @ Vikash Kumar v. The State Of Bihar

2019-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43826 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Vikash Kumar Sahani @ Vikash Kumar Son of Vinay Bhushan Sahani @ Vinay Bhushan Resident of Village and P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Kumar, Advocate For the Opposite Party :

Mr.Chandra Sen Pd Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 414, 413/34 of the Indian Penal Code.

Police, during routine check, intercepted a motorcycle being used by three persons. The motorcycle was having no number plate. Petitioner was apprehended while other two accused persons managed to escape and on search, a knife, mobile phone, some cash etc were recovered from him. He did not produce paper of the motorcycle.

Learned counsel for the petitioner submits that the petitioner was in fact arrested from a place of marriage and he was not arrested at the spot and he has no concern with the motorcycle in question. Petitioner is in custody since 10.5.2019

Patna High Court CR. MISC. No.43826 of 2019(3) dt.25-09-2019 2/2 and charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VI, Muzaffarpur in Mushhari Police Station Case No. 130 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T