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Patna High CourtCR. MISC./16733/2023allowed

Vivek Kumar v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16733 of 2023 Arising Out of PS. Case No.-939 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== VIVEK KUMAR S/O LATE VIKRAM CHOUDHARY Resident of 23 Link Road, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act.

As per prosecution case, on receiving a secret information that one person kept illegal weapon with him thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one loaded countrymade pistol and one live cartridge from the waist of petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which was seized by the police.

Patna High Court CR. MISC. No.16733 of 2023(2) dt.11-05-2023 2/2 Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.11.2022.

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 as well as the period of custody, 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 Additional Chief Judicial MagistrateIV, Patna City, District-Patna in connection with Alamganj P.S. Case No. 939 of 2022.

(Sunil Kumar Panwar, J) arish/- U T