Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25442 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Vikash Kumar S/o Satyendra Rai, R/o Vill.- Jamira, P.S.- Ara Muffasil, District- Bhojpur At Ara (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 The petitioner is apprehending his arrest in connection with Ara (Muffasil) P.S. Case No. 299 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R is that there was a quarrel between the son of informant and one Manju Rai, which was pacified but later on somebody fired at the son of informant causing his death and it is alleged that petitioner and other two persons were seen fleeing away from the place of occurrence. It has been submitted on behalf of the petitioner that he has no role to play in the murder of the son of the informant and has falsely been made accused in this case only on the basis of suspicion and further nobody has seen the occurrence. It has also

Patna High Court Cr.Misc. No.25442 of 2018 (3) dt.22-06-2018 2/3 been submitted that the petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, Ara in connection with Ara (Muffasil) P.S. Case No. 299 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.25442 of 2018 (3) dt.22-06-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

It is made clear that if any serious incriminating material comes against the petitioner during course of investigation, the prosecution will move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T