Patna High CourtCR. MISC./13320/2025bail granted

Vikash Kumar @ Rajiv v. The State Of Bihar

2025-05-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13320 of 2025 Arising Out of PS. Case No.-295 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vikash kumar @ Rajiv Sachitanand Singh @ Sacchida Prasad Singh Resident of village- Bhola Bigha, P.S.-Islampur, District- Nalanda, State-Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody since 11.09.2023 in a case registered for an offence punishable under Sections 25(1-B) A, 26, 27 and 35 of the Arms Act.

3. As per allegation in the FIR, some firearms were recovered from possession of the petitioner.

4. Earlier the prayer for bail of this petitioner was rejected vide order dated 04.04.2024 passed in Cr. Misc. No.24377 of 2024 with a direction to the learned Trial Court to conclude the trial within a period of six months.

5. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that vide order dated 28.02.2025, and 04.04.2025 a report was called for from the learned Trial Court regarding the stage of the trial and it is evident that charge has been framed on 07.08.2024 and summon to witness has been issued. Deposition of witness no.01 and 02 are registered. The

Patna High Court CR. MISC. No.13320 of 2025(4) dt.02-05-2025 2/2 case is fixed for evidence. He further submits that petitioner is in custody since 11.09.2023 and he has got six criminal antecedents as stated in para-3 of the bail petition.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. From perusal of the First Information Report, report regarding stage of trial and impugned order dated 23.01.2025, it appears that charge has been framed and only two prosecution witnesses have been examined by the learned Trial Court and the case is fixed for evidence. So, considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact petitioner is in custody for more than one year, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate in connection with Muffasil P.S. Case No.295 of 2023 with a condition that the petitioner shall appear before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Harshita/- U T