Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48230 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- TANKUPPA District- Gaya ====================================================== Vicky Kumar, Son of Rajendra Singh, Resident of Village- Karhanibad, P.S.- Tankuppa, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner, learned counsel for the Informant and learned counsel for the State. The petitioner apprehends his arrest in connection with Tankuppa P.S. Case No. 57 of 2018 registered for the offence punishable under Section 341, 324, 326, 307, 504/34 of the Indian Penal Code.

Informant in his written complaint has stated that when he along with his son (deceased) were on their way to home then suddenly Anuj Paswan and Krishna paswan came and shot from their pistol which hit in the Stomach of the son of the Informant. In the meantime, Suraj Paswan

Patna High Court Cr.Misc. No.48230 of 2018(2) dt.17-09-2018 2/3 also fired upon the son of the Informant but it did not hit him.

It has been submitted on behalf of the petitioner that there is no allegation of firing against the petitioner. It has been further submitted that the petitioner is a student and has got no criminal antecedent.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya, in connection with Tankuppa P.S. Case No. 57 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C 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

Patna High Court Cr.Misc. No.48230 of 2018(2) dt.17-09-2018 3/3 shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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/- U