Vikki Singh @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69280 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== VIKKI SINGH @ VIKASH KUMAR S/o Maharana Singh @ Mahuran Singh R/o village- Khopariya, Laualagan Purvi, Ward No. 11, P.S.- Chousa, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navjot Yeshu, Advocate Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2022 Heard learned counsel for the parties through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

At the outset, learned counsel for the petitioner submits that he may be allowed to withdraw the statement made in paragraph -9 of the bail application.

Prayer is allowed.

The petitioner is in judicial custody in connection with Chausa P.S. Case No. 09 of 2020 under Sections 341, 384, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case, as it unfold, states that when the informant's brother Manoj Singh was going to see his field on

Patna High Court CR. MISC. No.69280 of 2021(2) dt.20-05-2022 2/3 motorcycle, the petitioner herein as also the accused persons, namely, Sant Lal Singh, Sanjay Singh and Battish Singh surrounded him and asked either to compromise the matter or give ransom of Rs. 50,000/- and further allegation is of snatching the Rs. 10,000/- is also there.

Learned counsel for the petitioner submits that due to business rivalry of fishing, the informant has made allegation and implicated the entire family members of the petitioner including him. A bare perusal of the FIR would show that the matter has been exaggerated only to implicate them. He lastly submits that the petitioner is in jail since 04.02.2021 (as stated in paragraph-11 of the bail application).

Considering the aforesaid facts that an omnibus allegation has been made against all the accused persons, the petitioner is in custody since 04.02.2021 and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 09 of 2020, subject to the following conditions :-

Patna High Court CR. MISC. No.69280 of 2021(2) dt.20-05-2022 3/3 (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, this bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T