Vikash Singh @ Vikash Kumar @ Vikash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52216 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== VIKASH SINGH @ VIKASH KUMAR @ VIKASH KUMAR SINGH S/o Vijay Kumar Singh @ Vijay Singh R/o village- Hassanpur Utari, P.S.- Mahnar, District- Vaishali ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Mahnar P.S. Case No. 215 of 2018 for the offence punishable under Sections 147, 148, 149, 323, 342, 427, 341, 353, 504 and 506 of the Indian Penal Code and Section 3 of Public Properties Damage Act.
The petitioner had earlier approached this Court for grant of anticipatory bail, giving rise to Cr. Misc. No. 44172 of 2019 along with co-accused Bhushan Kumar Singh @ Bhushan Singh. It appears that co-accused Bhushan Kumar Singh @ Bhushan Singh was subsequently arrested.
Learned counsel appearing on behalf of the petitioner has submitted that consequent upon arrest of coaccused Bhushan Kumar Singh @ Bhushan Singh, the Cr. Misc.
Patna High Court CR. MISC. No.52216 of 2019(2) dt.25-09-2019 2/3 No. 44172 of 2019 had become infructuous to the extent it related to him, but, out of inadvertence, the application was withdrawn and accordingly it was dismissed as withdrawn by an order dated 18.07.2019 in respect of the petitioner also. He has submitted that in similar circumstance, co-accused Rohit Singh has been allowed anticipatory bail by this Court by order dated 01.07.2019 passed in Cr. Misc. No. 40184 of 2019, which has been brought on record by way of Annexure-3 to this application.
Considering the fact that similarly circumstanced co-accused has been allowed anticipatory bail, this application is allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Vaishali at Hajipur, in Mahnar P.S. Case No. 215 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as
Patna High Court CR. MISC. No.52216 of 2019(2) dt.25-09-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/- U T