Vikki Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.57397 of 2017 (2) dt.07-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57397 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Vikki Kumar, Son of Sri Shiv Sagar Singh, Resident of VillageChampapur Agrail, P.S.- Baligaon, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Niranjan Parihar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, who is in custody since 15.02.2017, has renewed his prayer for bail in connection with Saraiya P.S. Case No. 52 of 2017 for the offence alleged under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act having earlier been rejected by this Court by order dated 13.07.2017 in Cr. Misc. No. 31815 of 2017.

3. It is submitted that in a subsequent development, other co-accused persons Dilip Ram, Hemant Kumar @ Badal and Deepak Kumar Singh have been granted bail by this Court in Cr. Misc. No. 42559 of 2017, Cr. Misc. No. 42949 of 2017 and Cr. Misc. No. 50040 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 15.02.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.57397 of 2017 (2) dt.07-02-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Naya Kumar learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Saraiya P.S. Case No. 52 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T