Vikash Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57773 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- BANIAPUR District- Saran ====================================================== Vikash Kumar Pandey, Son of Rajan Pandey, resident of Dubaulia, P.S. Jalalpur, District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 14.05.2018 in connection with Jalalpur P.S. Case No. 63 of 2018 for the offence registered under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the FIR but has been implicated on the basis of confessional statement of co-accused namely Alok Kumar @ Gagan Singh made before the police. There has been no recovery from conscious possession of the petitioner and he was remanded in connection with the present case while he was in custody in connection with the Jalalpur P.S. Case No. 77 of 2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.57773 of 2018(2) dt.20-09-2018 2/2 the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Saran, in connection with Jalalpur P.S. Case No. 63 of 2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) khushbu/- U T