Vicky Kumar @ Vicky Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77871 of 2018 Arising Out of PS. Case No.-653 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Vicky Kumar @ Vicky Thakur son of Kamal Singh Resident of Village - Shri Krishna Nagar, ward no. - 31, P.S. - Motihari Town, Distt. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Adv For the Opposite Party/s :
Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Town P.S. Case No.653 of 2018 registered for the offence punishable under Sections 341, 323, 324, 387, 386, 506, 504, 379 and 34 of the Indian Penal Code.
Informant who runs a medicine shop in the nursing home of Dr. T.K. Singh has alleged that while he was in his medicine shop, 8 to 10 miscreants came there and inquired about the whereabouts of the Doctor and threatened him and thereafter on the strength of pistol took away Rs. 8500/- and on alarm being raised one of the co-accused Vikash Kumar was apprehended by the people assembled there and he disclosed the name of other co-accused before the police which included the
Patna High Court Cr.Misc. No.77871 of 2018(2) dt.04-01-2019 2/2 name of petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to personal grudge. Petitioner is in custody since 15.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, in connection with Town P.S. Case No.653 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/ManojU