Vikki @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2969 of 2018 Arising Out of PS.Case No. -678 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Vikki @ Vicky Kumar, S/o Surendra Rawani, R/o Village- Mallahchak, Arya Samaj Mandir, P.S.- Giriyak, P.S. and District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Rina Sinha, Advocate. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jehanabad Town P.S. Case No. 678 of 2017 instituted for the offence under Section 414 of the Indian Penal Code.

It has been submitted that the alleged Motorcycle has been recovered from Sarwar Alam. He has stated before the police that petitioner has given the alleged Motorcycle. From the written report itself it appears that Motorcycle has been recovered from Sarwar Alam. There is no recovery from conscious possession of this petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.2969 of 2018 (2) dt.23-01-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jehanabad Town P.S. Case No. 678 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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.

(Sanjay Priya, J) S.Ali/- U T