Vikki Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80711 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== VIKKI SAH Son of Umesh Sah Resident of Singheshwar (Singeshwar), P.S.Singheshwar (Singeshwar), District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.
Informant in her written complaint has alleged that at about 11:00 am her husband along with one co-villager Manoj Yadav went to Singheshwar Bazar on motorcycle and at about 1:45 pm she received information from Manoj Kumar that her husband has been killed by petitioner alongwith FIR named accused.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. It has been further submitted that in paragraph no. 72 of the case diary it has come that during course of investigation
Patna High Court CR. MISC. No.80711 of 2019(2) dt.09-12-2019 2/2 the involvement of co-villager Manoj Yadav was found. There is no specific allegation against the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 14.11.2019 in Criminal Miscellaneous No. 67022 of 2019. Petitioner has got no criminal antecedent and is in custody since 30.07.2019. 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 Singeshwar(Singeswar) P.S. Case No. 180 of 2019, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her 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) ranjan/- U