Vikash Kumar vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Md. Ataul Haque, learned counsel for the petitioner and Mr. Raj Kishore Singh, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Navanagar (Sonbarsa) PS Case No. 79 of 2019 dated 12.03.2019, instituted under Sections 394 of

the Indian Penal Code and 27 of the Arms Act, 1959.

This is the second attempt for bail by the petitioner as earlier such prayer in Cr. Revision No. 1366 of 2019 was withdrawn on 29.06.2020 as the

criminal antecedent was not correctly disclosed.

The allegation against the petitioner is that he along with others had tried to loot the informant’s box in which there was cash of about rupees

one lakh and upon protest, one person fired from the pistol which hit the informant’s left hand.

Learned counsel for the petitioner submitted that the petitioner is a juvenile and has been falsely implicated in the present case. It was submitted

that there is another case against the petitioner which was instituted the same day under the Arms Act and in which he is on bail. Learned counsel

submitted that he is not named in the FIR. It was submitted that in the present case, he has been remanded from Navanagar PS Case No. 80 of 2019

which has been instituted under Sections 25(1-B)(a)/26/35 of the Arms Act, 1959. Learned counsel submitted that there is no recovery of any looted

article either from his possession or from his house. It was submitted that there has been no Test Identification Parade (TIP) and the petitioner being a

juvenile has been granted bail in the other case on 13.06.2019 in Cr. Appeal No. 33 of 2019. Learned counsel submitted that the petitioner is in the

Observation Home since 05.04.2019. It was submitted that the petitioner has been declared minor by the Juvenile Justice Board, Buxar on 12.07.2019

and co-accused Prakash Rai, who is a major, has been granted bail by a coordinate bench by order dated 27.09.2019 in Cr. Misc. No. 49997 of 2019.

Learned counsel submitted that the father of the petitioner undertakes to keep him under his care and also ensure that he would not come in

association of any known criminal or be exposed to moral or psychological danger.

Learned APP submitted that the petitioner is accused of forcibly trying to loot cash of about rupees one lakh and was also party to the shooting on

the informant causing injury in his left hand.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile

Justice Board, Buxar in Navanagar (Sonbarsa) PS Case No. 79 of 2019, subject to the conditions (i) that one of the bailors shall be the father of the

petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two

consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.