Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47454 of 2017 Arising Out of PS.Case No. -276 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================
1. Vikash Kumar Son of Jitendra Kumar Sah, R/o Village- Mithanpura, P.S.- Mehasi, District- Motihari, At present C/o Ram Das, R/o MohallaSaketpuri Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 07.06.2017 in connection with Patrakar Nagar P.S. Case No. 276/2017 for offences punishable under Sections 363, 302, 120-B of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that five persons including the petitioner came, hired the car of the informant's son Pankaj Kumar and took away the car along with Pankaj Kumar. Thereafter she received information from the mother of one Sanjay Kumar that her son has died in a road accident.
Patna High Court Cr.Misc. No.47454 of 2017 (3) dt.28-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and there is no motive behind the alleged offence. He submits that Traffic Bypass P.S. Case No. 63 of 2017 has been lodged by the police regarding the road accident and the complicity of the petitioner came to the fore on the confessional statement of coaccused. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and two of the co-accused, named in the First Information Report, have been granted privilege of bail by coordinate Benches of this Court in Cr. Misc. No. 50535 of 2017 on 10.11.2017 and Cr. Misc. No. 51102 of 2017 on 13.11.2017. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna, in connection with Patrakar Nagar P.S. Case No. 276/2017, subject to the conditions that :
(i) One of the bailors of the petitioner shall be a local
Patna High Court Cr.Misc. No.47454 of 2017 (3) dt.28-11-2017 3/3 person having sufficient immovable property within the jurisdiction of the court concerned.
(ii) Petitioner will cooperate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled. (Nilu Agrawal, J) Rajesh/- U T