Vikky Kumar @ Bhondu @ Vickky Kumar @ Bhoudy Motu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51589 of 2022 Arising Out of PS. Case No.-333 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== VIKKY KUMAR @ BHONDU @ VICKKY KUMAR @ BHOUDY MOTU S/o Late Umesh Manjhi Resident of Village- Dhujji Tola Bhangidih, P.S.- Sherghati, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sharma Ms Usha Kumari Singh, Advocates For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 22.02.2022 passed in Cr. Misc. No. 30918/2021 along with Cr. Misc. No. 69195/2021 with an observation that the petitioner may renew his prayer for bail after six months.

As per First Information Report, the informant along with one Ajit Kumar took cash of Rs. 56,00000/- (Fifty Six Lacs) from HDFC Bank in order to install cash in several ATMs . It has been alleged that no sooner than the informant along with Ajit Kumar, after taking the cash of Rs. 56,00000/- reached near the van, two persons having pistols came and

Patna High Court CR. MISC. No.51589 of 2022(2) dt.28-09-2022 2/3 started snatching the bag of cash on the gun point. However, they did no succeed in their design and subsequently, fled away on motorcycle.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has transpired on the basis of his self inculpatory extra judicial confessional statement. He further submits that co-accused, Kundan Kumar @ Awadhesh Kumar, whose bail application was rejected by this Court by the same order dated 22.02.2022, has been acquitted by the trial court vide Annexure-3 of this petition. He next submits that petitioner is in custody since 07.08.2021. Regards being had to the submissions made by the parties and taking into consideration the fact that this is the second attempt for bail on behalf of the petitioner, he is in custody since 07.08.2021 and the co-accused whose bail was rejected by this Court, has been acquitted by the trial court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, namely, VIKKY KUMAR @ BHONDU @ VICKKY KUMAR @ BHOUDY MOTU be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Biharsharif,

Patna High Court CR. MISC. No.51589 of 2022(2) dt.28-09-2022 3/3 Nalanda in connection with Laheri PS Case No. 333/2020, subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) perwez U T