Patna High CourtCR. MISC./33149/2016bail granted

Vikash Kumar Nirala @ Vikash Kumar Sah v. The State Of Bihar

2016-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33149 of 2016 Arising Out of PS.Case No. -306 Year- 2015 Thana -CHANPATIA District- WESTCHAMPARAN (BETTIAH) ====================================================== Vikash Kumar Nirala @ Vikash Kumar Sah, Son of Subhash Prasad @ Subhash Sah resident of Village- Bherihari, Tola Bahuarwa, Police Station- Sathi, District- West Champaran at Bettiah. .... .... Petitioner

Versus

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

For the Petitioner : Dr. Amrendra Kumar Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.04.2016 in connection with Chanpatia (Sirisiya) P.S. Case No. 306 of 2015 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the first information report is against unknown persons and except extrajudicial confession extracted from the petitioner, there is no material to connect him with the offence alleged nor there is any recovery from his possession.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri R.K. Tiwary, learned Additional Chief Judicial Magistrate, Bettiah in connection with Chanpatia (Sirisiya) P.S. Case No. 306 of 2015 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.33149 of 2016 (2) dt.23-08-2016 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T