Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4186 of 2020 Arising Out of PS. Case No.-185 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Vikash Kumar Son of Binay Bhushan Sahani Resident of Village- Karnpur Barhara, P.S.- Bochaha, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Minapur P.S. Case No. 185 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of petitioner has surfaced in this case on the basis of confessional statement of co-accused. No incriminating article has been recovered from possession of this petitioner. Test identification parade has not been held till date. Petitioner is in custody since 11.06.2019. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.4186 of 2020(2) dt.23-01-2020 2/2 amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 185 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T