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Patna High CourtCR. MISC./21886/2024bail granted

Vikki Kumar @ Bantha v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21886 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Vikki Kumar @ Bantha son of Late Rajesh Mahto Village- Janki Asthan Nuniya Toli Ps- Sitamarhi Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 415 of 2023 instituted for the offences punishable under Sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25 (1-b)a, 26 and 35 of the Arms Act.

3. It is alleged that loaded country made pistol from the left waist kept attached with the pant and on opening .315 mm live cartridges its base scribed 8 mm and from the right pocket sharp edge knife made up of iron and wood, mobile, gold Mangal sutra were recovered from the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next

Patna High Court CR. MISC. No.21886 of 2024(3) dt.19-04-2024 2/2 submitted that one of the co-accused has already granted bail by this Court vide order dated 22.11.2023 passed in Cr. Misc. No. 73243 of 2023. He further submits that nothing was recovered from the conscious possession of the petitioner and petitioner is in judicial custody since 24.05.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ivth, Sitamarhi/Competent Jurisdiction in connection with Sitamarhi P.S. Case No. 415 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T