Vikrant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75913 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Vikrant Kumar son of Birju Paswan resident of village Koyla Mohan (Simri) Police Station Bakhri, District Begusarai ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is an accused in a case registered for offence under sections 395/412 of the Indian Penal Code and under sections 25 (1-B)A/26/35 of the Arms Act. It is submitted on behalf of the petitioner that on recovery of fire arms from two co-accused persons the petitioner has been arrested in this case on the basis of their disclosure. Other than their confession, there is nothing on the record to connect the petitioner with the allegation in the instant case. Other similarly situated co-accused Hiralal @ Pitu Yadav has already been allowed bail in Cr.Mis.No. 74176/2018. Prior to the instant case, there is no criminal antecedent of the petitioner. Petitioner is in custody in the instant case since 20.7.2018.

Considering the aforesaid submissions and the facts

Patna High Court Cr.Misc. No.75913 of 2018(2) dt.17-12-2018 2/2 and circumstances of the case, prayer for bail to the petitioner is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Begusarai in Bakhri Police Station Case No. 208 of 2018 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he/she is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) shashi/- U T