Patna High CourtCR. MISC./79670/2019bail granted

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

2020-01-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79670 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== VIKASH KUMAR @ VIKASH KUMAR SINGH Son of Dilip Singh Resident of Dumrawn Chock, P.S.- Dumrawn, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 379 and 411 of the IPC.

Prosecution case is that mobile phone of the informant along with Rs 5,000/- cash was taken from her while she was travelling in train at Buxar station. Prosecution has been lodged by the informant after she reached her destination at Lucknow. In course of investigation, said mobile phone is said to have been recovered from the instant petitioner.

Counsel for the petitioner submits that prior to the instant case, there is no criminal antecedent of the petitioner. He submits that subsequent upon his implication in this case, he has also been implicated in Dumraon P.S. Case no. 289/2019.

Patna High Court CR. MISC. No.79670 of 2019(3) dt.06-01-2020 2/2 He is a tea shop owner at railway station and is bonafide purchaser of the said mobile set. He is in custody since 30.08.2019.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Rail, Ara in Rail Buxar P.S. Case no. 70/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T