Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14670 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- PIPRA District- East Champaran ====================================================== VIVEK SINGH S/o Late Gorakh Singh R/o Village- Makri Mahuawa, P.S.- Piprakothi, Distt- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and sections 25(1-B (a)/26/35 of the Arms Act.

Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended five accused persons including the petitioner. On search, one country made pistol loaded with four live cartridges were recovered from possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The al-

Patna High Court CR. MISC. No.14670 of 2023(2) dt.28-04-2023 2/2 leged recovery is planted one by the police mechanism. No provision of Section 100 Cr.P.C. has been followed in preparing the seizure list. Due to his several criminal antecedents, he has been named in the present case. Petitioner is languishing in judicial custody since 4.6.2022. The application for bail is opposed by learned APP for the State and submitted that petitioner is a habitual offender. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 14th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 1263 of 2022, Pipra P.S. Case No. 171 of 2022.

(Sunil Kumar Panwar, J) sushma2203/- U