Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57457 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -DIGHA District- PATNA ====================================================== Vikki Kumar, S/o Mantu Mahto, R/o Mohalla- Bansh Kothi Gate No. 97 Digha tenant in the house of Bidya Bhushan Murari, P.S.- Digha, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Narayan Singh, Advocate. For the Opposite Party/s : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Digha P.S. Case No. 227 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code.
In the written report it is alleged that while brother of the informant was coming from clinic to his house on Scooty and when he reached in front of I.T.I. situated at Danapur Digha Road, some unknown miscreants killed him by firing shot. It has been submitted on behalf of the petitioner that he is not named in the written report.
The learned Sessions Judge has mentioned in the impugned order that the house of co-accused Shambhu Kumar was searched and from his house, one country made pistol along
Patna High Court Cr.Misc. No.57457 of 2017 (2) dt.07-12-2017 2/2 with five cartridges were recovered. He disclosed before the police that the said arm was given to him by this petitioner and coaccused Manoj. Considering the facts and circumstances of the case, 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 Digha P.S. Case No. 227 of 2016, 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 Md. Inam Khan, learned Judicial Magistrate, 1st Class, Patna, subject to the conditions as laid down under Section 438 (2) 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 tampers 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) S.Ali/- U T