Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46941 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -KAHAIYA District- MUZAFFARPUR ======================================================
1. Vikash Kumar, S/o Ram Naresh Singh, R/o Village- Repura, Rampur Balli, P.S.- Saraiya, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Kathaiya P.S. Case No. 82/2018, instituted for the offences punishable under Sections 413, 414, 412, 120(B)/34 of the Indian Penal Code read with Sections 25(1-B)A, 26 and 35 of the Arms Act. Learned counsel for the petitioner has submitted that petitioner has clean antecedent. In the written report, it is alleged that a tractor loaded with garlic was apprehended by police and two persons were apprehended, namely, Om Prakash @ Om Prakash Jha and Deep Ranjan @ Radhey Shyam. From possession of accused Deep Ranjan @ Radhey Shyam one loaded country made Katta was recovered and from possession of accused Om Prakash one mobile was recovered. They disclosed the name of
Patna High Court Cr.Misc. No.46941 of 2018 (2) dt.27-08-2018 2/2 this petitioner before police in their confessional statement. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kathaiya P.S. Case No. 82/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IInd, (West) Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)