Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6599 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6599 of 2016 Arising Out of PS.Case No. -1402 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Vikash Kumar Son of Suresh Ram Resident of Deori Road, Japla, Police Station Hussainabad, District - Palamu .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sasaram (Agrer) P.S. Case No. 1402 of 2015 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. Allegedly, acting on a tip off, raid was conducted but three miscreants fled away whereas three were caught including the petitioner and from possession of the petitioner one loaded country made katta besides one more cartridge and mobile were recovered.

Submission is of false implication and that nothing was recovered from conscious possession of the petitioner, without any legal and cogent material he is suffering in custody having no

Patna High Court Cr.Misc. No.6599 of 2016 (3) dt.07-04-2016 criminal antecedent and co-accused Krishna Kumar has already been allowed bail and as such the petitioner also deserves sympathetic consideration to which learned APP opposes by pointing out the alleged recovery.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of remand in this case on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaaram (Agrer) P.S. Case No. 1402 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T