Vikash Kumar Singh @ Dolly v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52311 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- SISWAN District- Siwan ====================================================== VIKASH KUMAR SINGH @ DOLLY SON OF SHRI RAMENDRA SINGH RESIDENT OF VILLAGE- ITAHARI, PO- DOHAR, PS- RASULPUR, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is an accused in connection with Siswan Chainpur (OP) P.S. Case No. 285 of 2022 registered for the offences under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 14.11.2022 by the informant, Jai Narayan Singh.

As per the prosecution story, the informant got knowledge about injuries sustained by his son and when he reached the hospital found him dead. He suspected some unknown persons killed him. Accordingly, the FIR. During investigation, the police picked up this petitioner and as per the learned Sessions Judge order, he made confession to his guilt.

Patna High Court CR. MISC. No.52311 of 2023(2) dt.19-08-2023 2/3 Learned Counsel for the petitioner submits that FIR is against unknown, the informant has not made any allegation against this petitioner, he is a young boy, have been implicated by the police due to some altercation with them, charge sheet submitted and he is ready to abide by all the terms and conditions.

Learned APP for the State, on the other hand, opposes the prayer for bail pointing out that he has accepted the guilt. Taking into account the submissions put forward by the learned Counsel for the petitioner, charge sheet having been submitted, this Court is inclined to extend him privilege of bail after framing of the charges.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Siwan in connection with Siswan Chainpur (OP) P.S. Case No. 285 of 2022, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.52311 of 2023(2) dt.19-08-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month till the conclusion of trial to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T