Patna High CourtCR. MISC./16164/2023allowed

Vivek Kumar v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16164 of 2023 Arising Out of PS. Case No.-747 Year-2022 Thana- MAHUA District- Vaishali ====================================================== VIVEK KUMAR Son of Mintu Ray Resident of village - Madhaul, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 414/34 of the IPC 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 gola road near registry office, patna and apprehended the petitioner. On search, one pistol, one mobile and one hero splendor motorcycle 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 alleged seized mobile as well as motorcycle belongs to the

Patna High Court CR. MISC. No.16164 of 2023(3) dt.19-05-2023 2/2 petitioner and registration certificate of the vehicle in annexed as Annexure-2 to this petition. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 1.12.2022. The application for bail is opposed by learned APP for the State.

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 Judicial Magistrate 1st Class, Vaishali at Hazipur in connection with Mahua P.S. Case No. 747 of 2022.

(Sunil Kumar Panwar, J) sushma/- U