Vicky Kumar @ Kundan Kumar @ Vicky Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8752 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- MARANCHI District- Patna ====================================================== VICKY KUMAR @ KUNDAN KUMAR @ VICKY MAHTO Son of Sanjay Ray @ Sanajay Mahto Resident of Village - Simariya Ghat, Bind Toli, P.s.- Barauni, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K.Lal, Adv.
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act. On a tip off that some some criminals have assembled to commit a dacoity, a raid was conducted and after seeing the police party, the accused side started indiscriminate firing on them and police also fired. During firing, petitioner sustained injury, whereas, others fled away and one culprit namely Raja was arrested and on search, one country-made rifle without magazine, three Masket, one country-made pistol and two live cartridges were recovered from there.
It is submitted on behalf of petitioner that no arms or
Patna High Court CR. MISC. No.8752 of 2022(3) dt.17-05-2022 2/2 ammunition has been recovered from the possession of the petitioner and he is in custody since 06.08.2021. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is accused in as many as twelve cases of similar nature.
Considering the material available on record as well as criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T