Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1810 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== VIKASH KUMAR S/o Harishankar Singh R/o Village- Bhagwateepur Bagauti, P.S.- Sahdei, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 25.05.2020 in connection with Jandaha P.S. Case No. 11/2020 registered for the offences punishable under Sections 395/412/413/120B of the Indian Penal Code.

As per prosecution case, on 21.01.2020 while the informant was going on his Bolero vehicle to Patori region to sell his medicine at about 12.55 am, near Hanuman Mandir, three miscreants came on car and overtook his Bolero and on the point of gun stopped his vehicle and snatched his mobile, bag containing papers of medicine, money etc. and fled away with his Bolero vehicle loaded with medicines. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.1810 of 2021(2) dt.04-03-2021 2/3 petitioner is not named in the FIR and he has been remanded in this case from Mahua P.S. Case No. 92 of 2020 on 25.05.2020. It is further submitted that no incriminating article has been recovered from the possession or house of the petitioner. He has not been put on T.I. parade till date. It is next submitted that similarly situated co-accused has already been granted bail by this Court vide order dated 12.10.2020 passed in Cr. Misc. No. 26631 of 2020. Chargesheet has already been submitted in this case. Petitioner is in custody since 25.05.2020. Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned SDJM, Hajipur, Vaishali, in connection with Jandaha P.S. Case No. 11 of 2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.1810 of 2021(2) dt.04-03-2021 3/3

(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) Saif/- U T