Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.1183 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Vikash Kumar, S/o Narayan Sah, Resident of Village - Bahilwara Pandey Tola, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Prasad, Adv.
For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Vaishali P.S. Case No.224 of 2021 registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code. He is in custody since 23.09.2021. The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits that, as per the prosecution story, the co-accused Arjun Rana @ Arjun Paswan had allegedly allured and taken away the daughter of
Patna High Court CR. MISC. No.1183 of 2022(2) dt.20-05-2022 2/3 the informant but so far as present petitioner is concerned, he has been made accused because he happened to be a friend of the co-accused Arjun Paswan.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the co-accused Arjun Rana @ Arjun Paswan had allegedly allured and taken away the daughter of the informant but the petitioner has been made accused because he happened to be a friend of the co-accused Arjun Paswan. It is submitted that the petitioner is in custody in connection with this case since 23.09.2021 having no criminal antecedent.
Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submissions that the thrust of the allegation in the FIR is against co-accused Arjun Rana @ Arjun Paswan who had allegedly allured and taken away the daughter of the informant, so far as present petitioner is concerned, he has been made accused because he happened to be a friend of the co-accused Arjun Paswan, the petitioner is a student of intermediate class and investigation against him is complete, he is in custody since 23.09.2021 and his further incarceration is
Patna High Court CR. MISC. No.1183 of 2022(2) dt.20-05-2022 3/3 not likely to come in aid of investigation or help the prosecution, his presence may also be secured in course of trial, thus, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Vaishali P.S. Case No.224 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.