Vikash Kumar @ Laddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60566 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== Vikash Kumar @ Laddu, Son Of Arjun Tanti @ Arjun Kumar Tanti Resident Of Village- Sardarpur, P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2022 Heard counsel for the parties.
The petitioner is in judicial custody in connection with Tatarpur P.S. Case No. 93 of 2021 registered under Sections 457, 380 411 of the Indian Penal Code. As per the FIR, allegation against the petitioner is that in the absence of the informant who had gone to attend "shradh karma" of his uncle; he committed theft in his house. Further, the neighbour immediately caught the petitioner along with looted articles and in these circumstances, FIR was lodged and he came into judicial custody.
Learned counsel for the petitioner submits that he is innocent and has suffered already by being in judicial custody since 27.05.2021. Further, charge-sheet has already been submitted.
Taking into account the aforesaid facts, let the
Patna High Court CR. MISC. No.60566 of 2021(2) dt.18-04-2022 2/2 petitioner 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 learned ACJM 7th, Bhagalpur in connection with Tatarpur P.S. Case No. 93 of 2021, subject to following conditions:
(i) one of the bailors should be the family member of the petitioner and will produce official document to show his bonafide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) khushbu/- U T