Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7689 of 2025 Arising Out of PS. Case No.-558 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Vikash Kumar S/o Dinesh Yadav R/o Village- Bhimsen Bighan, P.S.- Chandi, District- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case No. 558 of 2024 dated 11.10.2024 registered for the offences punishable u/s 37 of the Bihar Prohibition and Excise Act and section 25 (1-B) (a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended in drunken condition and four live cartridges and a motorcycle from the possession of the petitioner and a country made pistol from the possession of the co-accused were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.7689 of 2025(2) dt.17-03-2025 2/2 this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Biharsharif, Nalanda in connection with Chandi P.S. Case No. 558 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T