Vikash @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73927 of 2022 Arising Out of PS. Case No.-783 Year-2022 Thana- SUPAUL District- Supaul ====================================================== VIKASH @ VIKASH KUMAR YADAV SON OF HARI NARAYAN YADAV R/O VILLAGE- KARIHO JAMUHATOLA, POST- KARIHO, P.S.- SUPAUL, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Supaul P.S. Case No. 783 of 2022, registered for the offences punishable under Sections 302, 120B, 34 of the IPC. As per allegation, the dead body of the son of the informant was found hanging in the lodge, in which he was aboding. It has been mentioned that co-accused Md. Jahir and the petitioner Vikash had threatened him on his mobile number, mentioned in the FIR to commit rape with the mother of the deceased. They had also threatened him that his family members would be lifted away. The learned counsel for the petitioner has submitted that during entire investigation, the complicity of the petitioner as assailant of the deceased has not emerged. The petitioner is under custody since 18.08.2022 and he has no criminal antecedent of

Patna High Court CR. MISC. No.73927 of 2022(4) dt.19-05-2023 2/3 similar nature.

On the other hand, the learned APP Sri J.N. Thakur has opposed the prayer for bail and submitted that in confessional statement of co-accused Md. Jahir, it has come that the petitioner was not amongst the assailant to the deceased.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 783 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) Before accepting the bail bond, the learned court below shall verify his criminal antecedent which must be done within thirty days of communication of this order and if it is found that the petitioner is involved in any other case, his bail bond shall be cancelled.

(iii) The petitioner remain physically present on each and every date fixed by the court below on the trial court in his failure to appear physically on two consecutive dates shall render his

Patna High Court CR. MISC. No.73927 of 2022(4) dt.19-05-2023 3/3 bail bond cancelled.

(iv) The learned court below/trial court is directed not give dates for more than ten days. (v) The I.O. shall be responsible to produce witnesses in the court. He shall file a monthly written report in the trial court as to what steps have been taken by him to produce the witnesses in the court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T