Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56097 of 2015 Arising Out of PS.Case No. -182 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Vikash Kumar Son of Jageshwar Das Resident of Village - Talimpur, P.S. - Madhuban, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Madhuban P.S. Case No. 182 of 2015 registered for the offences punishable under Sections 406, 417, 420, 424, 506 and 120 (B) of the Indian Penal Code.
The petitioner being the driver of Bolero bearing BR06-PB-5093 went with that bolero of the informant on 3.5.2015 but made the vehicle traceless and after being demanded is causing threats after showing fire arm.
Submission is of false implication and that informant has lodged this case on 16.6.2015 after much delay, as a matter of
fact the petitioner took the said vehicle on hire for marriage from Naurangiadih to Hajipur but upon the direction of the informant but from Hathsar Market at Hajipur the said vehicle was stolen away by some unknown thieves and for that the petitioner gave written application on 4.5.2015 before Officer-in-Charge Hajipur, P.S. vide annexure-3 and this was informed to the informant also but only to take advantage from insurance company he lodged this false case. Petitioner has filed informatory application also on 8.5.2015 vide annexure-4, the petitioner being law abiding citizen voluntarily surrendered in this case on 27.10.2015 and since then he is in custody having no criminal antecedent on charge-sheet has already been submitted and there is no chance of tampering with prosecution evidence.
Learned A.P.P. submits that the petitioner being the driver made the bolero of the informant traceless and further he caused threats.
In the facts and circumstances stated above, considering the detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., East Champaran, Motihari, in connection with Madhuban P.S. Case No. 182 of 2015 subject
to the conditions that one of the bailors must be 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) siddharth/- U T