Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23165 of 2022 Arising Out of PS. Case No.-466 Year-2021 Thana- KORHA District- Katihar ====================================================== Vivek Kumar Son Of Pankaj Yadav R/O Village- Bari Bhains Deyara P.S.- Barari District- Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Korha P.S. Case No. 466 of 2021 registered for the offences punishable under Section 392/411 of the Indian Penal Code read with Sections 27(1-b)a/26 of the Arms Act.

As per prosecution case, informant was returning home, in the meantime one miscreant took away his motorcycle in question on point of pistol. Petitioner was apprehended on spot and incriminating material like country made pistol and one knife was recovered from his conscious possession. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.23165 of 2022(2) dt.03-08-2022 2/3 petitioner is in custody since 16.10.2021, petitioner bears no criminal antecedent, seizure list prepared by the informant is doubtful and there is no evidence against the petitioner. There is no likelihood of tampering with the prosecution evidence and nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner has been falsely implicated in this case The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner is apprehended on spot with incriminating material like country made pistol and one knife along with snatched motorcycle.

Patna High Court CR. MISC. No.23165 of 2022(2) dt.03-08-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 466 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T