Vikash Kumar @ Vikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79454 of 2019 Arising Out of PS. Case No.-288 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== 1.
VIKASH KUMAR @ VIKASH S/o Late Ashok Singh Resident of VillageSithaura, P.S.- Rajgir, District- Nalanda. 2.
Girdhari Singh S/o Ramashish Singh Resident of Village- Sithaura, P.S.- Rajgir, District- Nalanda.
3.
Sudhir Singh @ Sudhir Kumar S/o Arjun Singh Resident of VillageSithaura, P.S.- Rajgir, District- Nalanda. .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Sen Pd Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the parties.
Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307/379 and other allied sections of the Indian Penal Code and under the Arms Act. Prosecution's case in short is that all the FIR named accused persons including the petitioners snatched his golden chain amounting to Rs.42,000/-and assaulted his relative when he tried to save him.
Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case. Allegations are general and omnibus. Nothing incriminating has been recovered from their possession during investigation to connect him with the alleged offence. Similarly situated co-
Patna High Court CR. MISC. No.79454 of 2019(3) dt.27-02-2020 2/2 accused have already been allowed bail by a bench of this Court vide order dated 27.11.2019, passed in Cr.Mis.No. 68276/2019.
Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda Biharsharif in Rajgir Police Station Case No. 288/2019, on the following conditions:-
(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Shashi U T