Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8320 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== VISHAL KUMAR S/o Phulchand Yadav R/o village- Naya Tola Jurabganj Ward No. 2, P.S.- Kodha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anup Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 411 and 34 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of one live cartridge, one master key, one mobile from the possession of petitioner and one master key, one mobile and a loaded country-made pistol from the possession of co-accused Saurav Yadav and also a Glamour motorcycle from their possession.

Patna High Court CR. MISC. No.8320 of 2022(2) dt.16-06-2022 2/2 Learned counsel for the petitioner submits that the petitioner is a young boy of 20 years of age and has been falsely implicated in the present case. It is next submitted that even presuming what has been alleged is true, without admitting for the purposes of bail, then the thrust of the allegation is under the Arms Act and if the petitioner remains in custody for a long period then he will come in contact with hardened criminals. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.06.2021, is a person with clean antecedent, chargesheet has been submitted in the case and in the nature of allegations as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah Town P.S. Case No. 382 of 2021.

(Satyavrat Verma, J) Rishi/- U T