Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16149 of 2018 Arising Out of PS. Case No.-139 Year-2017 Thana- KHUSRUPUR District- Patna ====================================================== Vikash Kumar, Son of Raj Kumar Prasad, Resident of Village- Arguti, P.S.- Vena, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bishwajeet Pandey For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khusrupur P.S. Case no. 139 of 2017 registered for the offence punishable under Sections 399, 402, 353, 307, 414 of the Indian Penal Code, Sections 25(1-b)a, 26, 27, 35 of the Arms Act and Section 20/22 of N.D.P.S. Act.

One loaded country made pistol, one live cartridge and motorcycle are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. The motorcycle which is said to have been

Patna High Court Cr.Misc. No.16149 of 2018(2) dt.21-03-2018 2/2 recovered from his possession is hailing to him. He has no criminal antecedent. He has been languishing in custody since 20.07.2017. Earlier, the bail prayer of the petitioner was rejected vide order dated 9.11.2017 with liberty to renew his prayer for bail after three months or framing of charge, whichever happens earlier. But, the charge in the case has not been framed.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Patna in connection with Khusrupur P.S. Case no. 139 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T