Patna High CourtCR. MISC./13598/2024bail granted

Vikas Kumar v. The State Of Bihar

2024-03-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13598 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Vikas Kumar S/O Harendra Mahto R/O Village- Rupchapra Morhar, P.SSahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahebganj P.S. case No. 270 of 2023 instituted for the offences under Sections 399, 402, 413, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that police received secret information that some miscreants were planning to commit crime. On this information, police raided the place and apprehended five persons including this petitioner. On search, one loaded country-made pistol, two live cartridges and one motorcycle was recovered from the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Similarly situated co-

Patna High Court CR. MISC. No.13598 of 2024(2) dt.05-03-2024 2/2 accused persons have already been granted bail by the Coordinate Benches of this Court vide order dated 05.01.2024 passed in Cr. Misc. No. 81599 of 2023, vide order dated 11.01.2024 passed in Cr. Misc. No. 83573 of 2023, vide order dated 18.01.2024 passed in Cr. Misc. No. 1668 of 2024 and vide order dated 29.01.2024 passed in Cr. Misc. No. 425 of 2024. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2023 and has five criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebganj P.S. case No. 270 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T