Patna High CourtCR. MISC./64238/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-12-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64238 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== VIKASH KUMAR S/o- PRAKASH YADAV Village- Triloki Bigha Ginji PsHulashganj Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Adv For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Islampur P.S. Case No. 155 of 2023 registered on 20.03.2023 lodged under Sections 392 I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons against whom allegation of robbery is there. It has been alleged that four unknown miscreants have robbed motorcycle and stached mobil and thereafter fled away.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 01.04.2023 having clean antecedent. Counsel further submits that nothing incriminating has been recovered

Patna High Court CR. MISC. No.64238 of 2023(3) dt.06-12-2023 2/3 from the possession of the petitioner nor he was put on T.I.P. Counsel submits that the other co-accused has been granted by the co-ordinate Bench of this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 47880 of 2023. Moreover, this case is triable by Magistrate.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M., Hilsa. in connection with Islampur P.S. Case No. 155 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.64238 of 2023(3) dt.06-12-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner 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 the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

7. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Sunnykr/- U