Vikash Kumar Gupta @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31087 of 2018 Arising Out of PS. Case No.-1058 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Vikash Kumar Gupta @ Vikash Kumar , son of late Ramesh Prasad Gupta, resident of Mohalla-Mubarakganj, Ward No. 25, P.S. Sasaram Town, district Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sasaram (Mufasil) P.S Case No. 1058 of 2017 registered for the offence punishable under Section 302 and 34 of the Indian Penal Code.

Informant is the son of the deceased, who in his FIR has stated that on 29.07.2017 at about 5:00 P.M, he received information from his neighbour that his father has been shot dead by unidentified miscreants and his dead body is lying. After receiving such information, he went to the place of occurrence and found his father to be shot dead by unidentified criminals.

Patna High Court Cr.Misc. No.31087 of 2018(2) dt.21-05-2018 2/3 It has been submitted on behalf of the petitioner that the name of the petitioner in this case, had transpired subsequently on the next day in the re-statement made by Informant. Informant and petitioner are neighbours and well known to each other. There has been land dispute between them and as such petitioner has falsely been implicated in this case. The petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest of surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Mufasil) P.S Case No. 1058 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C.with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 sufficient to cancel his bail bond.

Patna High Court Cr.Misc. No.31087 of 2018(2) dt.21-05-2018 3/3

(3) If the 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.

(S. Kumar, J) ranjan/-sneha U