Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6396 of 2019 Arising Out of PS. Case No.-541 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== VIJAY KUMAR s/o Vinod Kumar Mishra @ Vinod Paswan Resident of Shivpuri Road No.8, Police Station-Shastri Nagar, District-Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Patliputra P.S. case no. 541 of 2018 instituted for the offence under Section 25(1-b)A 26, 35 of Arms Act and Section 37(b) (c) of the Bihar Excise and Prohibition Amendment Act 2018.
It is alleged that police reached the place of occurrence and found petitioner and two other persons as named in the written report in intoxicated condition. It is further alleged that police found one mobile phone from the pant of petitioner in which photo of few persons with pistol in their hand has been stored. It is further alleged that at the instance of co-accused Ajit Kumar one pistol has been recovered. Learned counsel for petitioner submits that there is no
Patna High Court Cr.Misc. No.6396 of 2019(2) dt.05-02-2019 2/2 recovery of any incriminating article from conscious possession of this petitioner.
Petitioner is in custody since 18.11.2018 having no criminal antecedent.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna in connection with Patliputra P.S. case no. 541 of 2018, Spl. case no. 10952 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T