Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69641 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

VIKASH KUMAR Son of Naresh Prasad Resident of Village - Jian Bigha, P.S.- and Distt.- Sheikhpura.

2.

Rajeev Kumar Son of Mishri Ram Resident of Village - Jian Bigha, P.S.- and Distt.- Sheikhpura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

MS.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 06.09.2019 in connection with Sheikhpura P.S. Case No. 387 of 2019 for the alleged offences under Section 399, 402 of the Indian Penal Code and Section 25(10b)a,26(ii), 35 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of one loaded pistol from the petitioner no. 1 and four live cartridges from the petitioner no. 2. Other co-accused Raju Patel and Sonu Kumar @ Chhotu have been granted bail by this Court in Cr. Misc. No. 70759 of 2019. The petitioner no. 1 claims clean antecedents while petitioner no. 2 is accused in one prior case, in which he is on bail.

4. Be that as it may, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court CR. MISC. No.69641 of 2019(2) dt.11-12-2019 2/2 satisfaction of learned CJM, Sheikhpura in connection with Sheikhpura P.S. Case No. 387 of 2019 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T