Vikki Kumar @ Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69655 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Vikki Kumar @ Vicky Kumar, Son Of Mithlesh Yadav Resident Of Village - Barbatta, P.S. - Kako, District - Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kako P.S. Case No.241/2023, lodged on 19.07.2023 under Sections 379, 414, 467 and 468 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against five named accused persons including the petitioner stating therein that the police on the basis of secret information intercepted a Bolero vehicle wherein two persons including the petitioner were travelling. The apprehended accused persons admitted that they had stolen the said vehicle and after creating forged documents they are in the process of selling the said vehicle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.69655 of 2023(2) dt.01-11-2023 2/3 petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case. He further submits that he has been made accused in this case by virtue of suspicion only. He further submits that similarly situated coaccused, namely, Ankit Kumar against whom three more criminal cases are pending, has been granted regular bail by a co-ordinate Bench of this Court vide order dated 18.10.2023 passed in Criminal Miscellaneous No.67746/2023. He further submits that the petitioner is accused in one more criminal case in which he is persuading bail and he is in custody since 19.07.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad, in connection with Kako P.S. Case No. 241/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.69655 of 2023(2) dt.01-11-2023 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T