Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16730 of 2020 Arising Out of PS. Case No.-503 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== VIKAS KUMAR Son of Kisun Singh @ Kishuni Sah Resident of Village - Ghunsari, P.S.- Sikraul, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414 of the I.P.C. and 25(1-b)a, 26(ii) and 35 of the Arms Act.

The prosecution case, in short, is that one loaded country made pistol is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.09.2019. Charge sheet

Patna High Court CR. MISC. No.16730 of 2020(2) dt.01-06-2020 2/2 has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that one loaded country made pistol is recovered. The name of the petitioner has transpired in this case on disclosure made by coaccused Indrajeet Kumar. There is no recovery of any arms from the possession of the petitioner. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of A.C.J.M.-IV, Sitamarhi in connection with Sitamarhi P.S. case No.503 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T