Vinod Kumar @ Vinod Kumar Soni @ Teny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18917 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -KHAJEKALLAN District- PATNA ======================================================
1. Vinod Kumar @ Vinod Kumar Soni @ Teny, son of Rajendra Prasad, resident of Dr. Masuk Ali Road, Gurhatta, P.S. Khajekalan, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP Mr. Shashi Shankar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Khajekalan P.S. Case No.16 of 2018 instituted for the offence under Section(s) 302 Indian Penal Code and Section 27 of the Arms Act. It is submitted that the petitioner is not named in the First Information Report. Name of this petitioner has been disclosed by co-accused, Ravi Shankar Sinha, in his confessional statement.
Counsel for the Informant has submitted that Ravi Shankar Sinha has taken name of this petitioner. Learned APP has submitted that there is mention of CCTV footage, wherein, it is found that one person was seen making firing, but he had covered his face by Muffler.
Patna High Court Cr.Misc. No.18917 of 2018 (3) dt.26-04-2018 2/2 In such circumstances, there is no direct allegation against the petitioner either in the written report or in the case diary.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khajekalan P.S. Case No.16 of 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 SubDivisional Judicial Magistrate, Patna City, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T