Vikash Kumar @ Banda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11261 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Vikash Kumar @ Banda S/O Santosh Kumar Bigan Resident of villageGotrayan, P.s.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma,Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Nardiganj P.S. Case No. 402 of 2024, registered for the offences under Section 25(1-b)A and 26 of the Arms Act.

3. As per the prosecution case, a raid was conducted in the house of the petitioner on getting information by the police that petitioner had kept some firearm in his house and recovery of a country made katta and a live cartridge was made from below the pillow of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated int his case. Nothing incriminating has been recovered from person or possession of the petitioner and the

Patna High Court CR. MISC. No.11261 of 2025(2) dt.06-03-2025 2/3 alleged recovery is planted. There is no independent witness to the seizure list which creates doubt over it. The petitioner is having antecedent of two cases in which he is on bail. The petitioner is in custody since 12.11.2024 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Nawada/concerned court, in connection with Nardiganj P.S. Case No. 402 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial

Patna High Court CR. MISC. No.11261 of 2025(2) dt.06-03-2025 3/3 court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T