Patna High CourtCR. MISC./47844/2016bail granted

Vikash Kumar v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.47844 of 2016 (3) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47844 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Vikash Kumar, Son of Bindeshwar Prasad, Resident of Village- Amarut, P.S. Dobhi, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Saxena, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.07.2016 in connection with Barachatti P.S. Case No. 252 of 2016 for the alleged offences under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and was arrested merely because upon seeing the police he started running away from the place of occurrence. The recovery of country made pistol and live cartridges from his possession is denied. Co-accused Ajit Kumar, who was also arrested from the place of occurrence, has been granted bail by this Court in Cr. Misc. No. 44329 of 2016. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 learned Additional Chief Judicial Magistrate, Sherghati at Gaya in connection with Barachatti P.S. Case No. 252 of 2016 on the

Patna High Court Cr.Misc. No.47844 of 2016 (3) dt.13-12-2016 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.

(Vikash Jain, J) B.T/Chandran U T