Vikky @ Himansu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8832 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Vikky @ Himansu Kumar Son Shivendra Kumar Mohan Resident of Mohalla - Shakuntala Nagar, P.S. - Nawada, District - Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 399, 402 and 120 (B) of the I.P.C and sections 25 (1-b) a, 26 and 35 of the Arms Act. Allegedly, acting on an information that miscreants are preparing to commit dacoity, raid was conducted and coaccused Banti Kumar Verma @ Rajiv @ Banti Kumar was caught and he confessed his guilt and from his possession two mobiles were recovered and further the petitioner was caught and he also confessed his guilt and from his possession also mobile was recovered and thereafter with the help of both, other co-accused were caught when they arrived for committing dacoity and from

Patna High Court Cr.Misc. No.8832 of 2015 (2) dt.10-04-2015 2/2 their possession arms and ammunitions were recovered. Submission is that in this case similarly situated coaccused Banti Kuma Verma @ Rajiv @ Banti Kumar has been allowed bail by order dated 24.03.2015 vide Cr. Misc. No. 10715 of 2015 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. is not in a position to distinguish the case of the petitioner.

In the facts and circumstances as stated above, the petitioner is directed to 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 C.J.M. Nawada in Nawada Town P.S. Case No. 06 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T