Vikash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80978 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== VIKASH KUMAR SINGH S/o Late Braj Kishor Singh @ Late Braj Kishore Singh R/o Village- Dhankaul, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Jha For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with a direction to the trial court to expedite the trial and conclude the same within one year and if trial is not concluded within one period, petitioner would be at liberty to renew his prayer for bail.
Informant is a police officer who has stated in his selfstatement that on 02.05.2018 at about 7:50 p.m., he received an information that co-accused Guddu Singh was seen concealing a dead body and on receiving said information, he went to the
Patna High Court CR. MISC. No.80978 of 2019(2) dt.05-02-2020 2/3 place of occurrence and recovered the dead body and villagers informed that dead body is of Anuradha Devi, wife of Vikash Kumar Singh (petitioner) which was being concealed by coaccused Guddu Singh and same was recovered and he confessed his guilt before the police.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case on the basis of confession only. Allegation of killing the deceased and concealing her dead body is against Guddu Singh who has already been granted bail by a co-ordinate Bench of this Court vide order dated 10.07.2018 passed in Cr. Misc. No.38816 of 2018. Petitioner is accused in one excise case and apart from that, there is no criminal history of petitioner. Petitioner is in custody since 30.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Tr. No.29/19 arising out of Piprahi P.S. Case No.53/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.80978 of 2019(2) dt.05-02-2020 3/3
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(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) Sanjay/- U T