Ritesh Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18046 of 2017 Arising Out of PS.Case No. -213 Year- 2014 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================
1. Ritesh Kumar @ Vikash Kumar, Son of Ram Swarup Singh, resident of Village- Barki Kharawan, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. R.S. Roy, Sr. Adv. Mr. Binod Kumar Singh, Adv.
For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 The petitioner seeks regular bail in connection with Bikramganj P.S. Case No. 213 of 2014 (Sessions Trial No. 13 of 2016), registered for offences punishable under Sections 302 and 34 of the Indian Penal Code.
Allegation against the petitioner that he along with other co-accused persons fired on the deceased, due to which he died. It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R. Petitioner has been made accused in this case only on the basis of suspicion as one passbook was recovered from a motorcycle, which was used in the alleged offence. It has further been submitted that in this case trial has commenced and uptil now two witnesses have been examined
Patna High Court Cr.Misc. No.18046 of 2017 (2) dt.19-04-2017 2/3 and they have not said anything about this petitioner. petitioner has clean antecedent and has been in judicial custody since 07.09.2015.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and also petitioner has no criminal antecedent and has remained in custody for more than one and half years, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Rohtas, Sasaram, in connection with Bikramganj P.S. Case No. 213 of 2014 (Sessions Trial No. 13 of 2016), subject to the following conditions:- (i) One of the bailors of the petitioner shall be a close relative having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available on day to day basis before the Trial court and on the
Patna High Court Cr.Misc. No.18046 of 2017 (2) dt.19-04-2017 3/3 event of failure on his part to appear before the Trial Court on any day without prior permission of, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T