Vikash @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54558 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- NTPC District- Patna ====================================================== Vikash @ Vikash Kumar D/O Devan Yadav, R/O Village- Dargahi Tola, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.T.P.C. P.S. Case No. 24 of 2021 lodged under Sections 461 and 379 of the I.P.C.

As per the prosecution, the allegation made by the informant that in the school premises theft has been taken place, in which battery, inverter, speaker and other articles have been stolen.

Learned counsel for the petitioner submits that F.I.R. has been filed against unknown persons and the name of the petitioner has figured in this case by virtue of the confessional

Patna High Court CR. MISC. No.54558 of 2022(2) dt.21-02-2023 2/3 statement of the co-accused. He further submits that nothing has been recovered from possession of the petitioner and he was not put on T.I.P. He further submits that petitioner is in custody since 24.05.2022. and both the sections in which F.I.R. has been lodged are magisterial triable.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist. Class, Barh in connection with N.T.P.C. P.S. Case No. 24 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.54558 of 2022(2) dt.21-02-2023 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U