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Patna High CourtCR. MISC./19511/2023allowed

Vivek Kumar Verma v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19511 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== Vivek Kumar Verma Son Of Late Ashok Kumar Verma Resident Of Mohalla - Kaura Maidan, Dhobi Tola, P.S. - Kashim Bazar, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek For the Opposite Party/s :

Mr. Ashok Kumar 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 regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

As per FIR, prosecution case relates to recovery incriminating arms from possession of co-accused persons who disclosed the name of the petitioner. Further, one mobile phone was recovered from possession of petition.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police. It is further submitted that the petitioner claimed himself regarding

Patna High Court CR. MISC. No.19511 of 2023(2) dt.19-05-2023 2/2 owner of the said mobile which was recovered from his possession. The alleged arms from whose possession was recovered, has already been granted bail by learned court below and the same has been annexed as Annexure-4. Nothing incriminating article has been recovered from conscious possession of this petitioner. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 5.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Kasim Bazar P.S. Case No. 329 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M 1st Class, Munger.

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