Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19580 of 2017 Arising Out of PS.Case No. -1177 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Vikash Kumar, Son of Late Ramraj Singh @ Ram Raj Choudhary, resident of Village- Kushi, P.S. Karakat, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Prasad Gupta For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sasaram (Model) P.S.Case No. 1177 of 2016 registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

Petitioner is not named in the FIR and it appears from the impugned order that he has been named on the basis of confessional statement of co-accused.

It has been submitted on behalf of the petitioner that no recovery has been made from the possession of the petitioner, rather recovery has been made from co-accused. It has further been submitted that co-accused, in whose statement petitioner's name has transpired, has been granted bail by this Court in Cr.Misc.No. 21853 of 2017, vide order dated 22.6.2017. It has further been submitted that in other four cases on the basis of confessional statement the petitioner has been involved after the present case and he is in custody in the present case for six months.

Patna High Court Cr.Misc. No.19580 of 2017 (4) dt.19-07-2017 2/2 Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Model) P.S.Case No. 1177 of 2016, G.R.No. 2406 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U