Vikash Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.38486 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38486 of 2018 Arising Out of PS.Case No. -183 Year- 2016 Thana -RUPASPUR District- PATNA ======================================================

1. Vikash Kumar Son of Late Mukhtar Singh resident of Village - Paliganj Ranipur, P.S. Paliganj, District Patna.

2. Vikky @ Kalia @ Vikky Mahto son of Late Om Prakash Mahto Resident of Village - Mogalpura Chhatalal Patna City, P.S. Khajekala, District - Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Prabhat Kumar Dipak For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

2. This is the third attempt on behalf of the petitioners, who are in custody since 17.12.2016 and have renewed their prayer for bail in connection with Rupaspur P.S. Case No. 183 of 2016 for the offence alleged under Sections 457 and 380 of the Indian Penal Code having twice been rejected by orders dated 22.09.2017 and 15.05.2018 in Criminal Miscellaneous No. 36849 of 2017 and Criminal Miscellaneous No. 24795 of 2018, respectively.

3. It is submitted that while the earlier bail petition was rejected, however, liberty was granted to the petitioners to renew their prayer for bail after framing of charge. It is further submitted that in a subsequent development, charges have now been framed by order dated 18.05.2018.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.38486 of 2018 (2) dt.25-07-2018 the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, in connection with Rupaspur P.S. Case No. 183 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T