Vivek Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6537 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- DIGHA District- Patna ====================================================== Vivek Kumar @ Golu, age-19 years, Male, S/o Shri Mahadev Chouhan R/o Rajiv Nagar, Road No. - 21, Post - Keshri Nagar, P.S.- Rajiv Nagar, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Digha P.S. Case No. 557 of 2023 registered for an offence punishable under Sections 25(1-b)/a/26/35 of the Arms Act. As per allegation in the FIR, three cartridges and one pistol were recovered from a scooty bearing registration no.BR01EB2070.

Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case. He next submits that there is no recovery from the possession of the petitioner and he has no concern with the seized scooty. Petitioner has got no criminal antecedent as stated in para-3 of the petition and he

Patna High Court CR. MISC. No. 6537 of 2024(2) dt.17-02-2024 2/3 is in judicial custody since 23.07.2023.

However, learned APP for the State opposes the prayer for regular bail of the petitioners.

On perusal of the first information report, seizure list and impugned passed by Additional Sessions Judge-XXIV, Patna, it appears that on the basis of written report of the informant, FIR was registered under sections 25(1-b)a, 26 and 35 of the Arms Act against two persons including petitioner and it transpires from the seizure list, some arms and cartridges were recovered from the possession of the petitioner, the petitioner is in custody since 23.07.2023, considering which, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner above named be released on bail after framing of the charge, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Patna Sadar in connection with Digha P.S. Case No.

557 of 2023 with following conditions:- The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (days) from the date of receipt of a copy of this order.

Patna High Court CR. MISC. No. 6537 of 2024(2) dt.17-02-2024 3/3 nishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T