Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54643 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vikram Kumar, Son of Sanjay Yadav, Resident of Village- Jhunathi, P.S.- Muffasil, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Muffasil P.S. Case No. 145 of 2024 registered for the offences punishable under Section 395 of the Indian Penal Code.
3. Allegedly, while the informant was coming from his village Kahuara to Navada on his motorcycle, in the meantime, five persons intercepted him and on the point of pistol, they snatched Rs. 20,000/- and other valuables.
4. It is contended on behalf of the petitioner that the FIR has been instituted against unknown miscreants. However, during the course of investigation, the name of the petitioner surfaced on the confessional statement of co-accused Mohit
Patna High Court CR. MISC. No.54643 of 2024(2) dt.14-08-2024 2/3 Kumar. Barring the confessional statement, there is no material suggesting complicity of the petitioner in the present crime. It is next contended that only because of past two criminal antecedent of the petitioner in indentical nature of crime, his name has been implicated in this case. Be that as it may, the petitioner is in custody since 08.05.2024, however, till date the petitioner has not been put on TI parade nor any incriminating material has been recovered.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has neither been put on TI parade nor any incriminating material has been recovered, coupled with the period of custody and the charge-sheet has been submitted as also the fact that the entire case is based on the confessional statement, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Nawada in connection with Muffasil P.S. Case No. 145 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further
Patna High Court CR. MISC. No.54643 of 2024(2) dt.14-08-2024 3/3 conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and, in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) rohit/- U T