Vibhishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31039 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== VIBHISHAN KUMAR S/O HARILAL YADAV R/O VILLAGE PARMANANDPUR, PS MURLIGANJ, DISTRICT-MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gwalpara (Arar) PS case no. 130 of 2020 instituted for the offences punishable under Sections 25(1-B)a, 26, 35 of Arms Act.

The allegation is regarding recovery of one countrymade pistol and one live cartridge from the person of the petitioner after he was apprehended by the villagers and searched by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 12.10.2020.

Patna High Court CR. MISC. No.31039 of 2021(2) dt.13-12-2021 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Chief Judicial Magistrate-II, Udakishunganj, Madhepura in connection with Gwalpara (Arar) PS case no. 130 of 2020. (Mohit Kumar Shah, J) rinkee/- U T