Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82634 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Vikash Kumar Son of Tipu Bhakt @ Tipu Bhagat Resident of Village - Bhagwanpur, Pakari, P.S.- Lalganj, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.Kaushal Kishor, Advocate For the Opposite Party :

Mr.Kr Veerendra Narayan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence punishable under section 139 of the Bihar Electricity Act, 2003 and section 414 of the Indian Penal Code. 135 feet electric wire was recovered from a pick up van in which petitioner and about 12 others were travelling. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent, he is merely copassenger of the van. Petitioner is in custody since 8.9.2019, though nothing incriminating has been recovered from his conscious possession. Similarly situated co-accused Ranjan Kumar has already been allowed bail by a bench of this Court vide order dated 11.12.2019, passed in Cr.Mis.No. 82180 of 2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali

Patna High Court CR. MISC. No.82634 of 2019(2) dt.12-12-2019 2/2 at Hajipur in Mahua Police Station Case No. 515 of 2019 on the following conditions:-

(1) 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.

(2) If the petitioner tampers 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