Vikash Kumar @ Vikki Singh @ Vikash Kumar Singh @ Vikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33394 of 2017 Arising Out of PS. Case No. -144 Year- 2013 Thana -MAJORGANJ District- SITAMARHI ====================================================== Vikash Kumar @ Vikki Singh @ Vikash Kumar Singh @ Vikki, Son of Shambhu Singh, Resident of Village - Narkatiya, Narha, P.S. - Majorganj, District - Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Jagjit Roshan, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.02.2017 in connection with Majorganj P.S. Case No. 144 of 2013 for the offences alleged under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and the first information report is against unknown person. The petitioner's name has surfaced on the extra-judicial confession of co-accused Saroj Kumar Singh who has also named other accused persons, namely, Ranjan Kumar Singh and Arvind Kumar Singh. The said co-accused Saroj Kumar Singh has been granted bail by this Court in Cr. Misc. No. 8794 of 2014 and so also, other accused persons, namely, Arvind Kumar Singh and Ranjan Kumar Singh have been granted bail by this Court in Cr. Misc. No. 354 of 2016 and Cr. Misc. No. 16576 of 2015, respectively. No T.I. parade has yet been conducted for identification of the petitioner and no recovery of any incriminating articles has been made from his conscious possession.

Patna High Court Cr.Misc. No.33394 of 2017 (3) dt.19-08-2017 2/2

4. Be that as it may, 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 Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 144 of 2013 with the 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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