Patna High CourtCR. MISC./5616/2019disposed

Vicky Kumar v. The State Of Bihar

2019-01-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5616 of 2019 Arising Out of PS. Case No.-414 Year-2018 Thana- RUPASPUR District- Patna ====================================================== VICKY KUMAR, aged about 28 years, male, son of Ram Swarath Singh Resident of Village- Kharauna, Police Station- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 786 of 2018 (arising out of Rupaspur P.S. Case No. 414 of 2018) for the offences punishable under Sections 399, 402, 379, 411/414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding the petitioner and others miscreants having gathered for committing some crime, however, they were intercepted and apprehended by the police on patrolling duty. As far as the petitioner is concerned, one country made pistol was recovered.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is

Patna High Court Cr.Misc. No.5616 of 2019(2) dt.30-01-2019 2/2 stated that the petitioner is having a fair antecedent barring one case in which he is on bail and the petitioner is languishing in custody since 27.09.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner immediately upon completion of six months of his custody i.e. w.e.f. 27.09.2018 subject to such condition as may be imposed by the learned court of Additional Sessions Judge-II, Danapur, Patna in connection with Sessions Trial No. 786 of 2018 (arising out of Rupaspur P.S. Case No. 414 of 2018). The petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U T