Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26209 of 2019 Arising Out of PS. Case No.-727 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== VIJAY KUMAR S/o Santosh Kumar @ Santosh Prasad R/o Mohalla- Kahar Toli, Mahabir Asthan, Mangal Talab, P.S.- Chowk, District- Patna, Presently resides in Mohalla- Chowk Shikarpur Nalapar (Tenent in the house of Sobha Devi), P.S.- Chowk, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner is languishing in judicial custody since 25.09.2018 in connection with Agamkuan P.S. Case No. 727 of 2018 for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that while on patrolling duty, they got secret information that 5-6 persons have assembled near the Shitla temple and are planning to commit Dacoity. On reaching the place, three persons managed to flee away but the petitioner

Patna High Court CR. MISC. No.26209 of 2019(2) dt.10-05-2019 2/3 along with two others were apprehended. On search from the possession of the petitioner one country made pistol loaded with one live cartridge was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. It is further submitted that no overt act has been alleged to have been committed by the petitioner, charge-sheet has already been submitted and the petitioner is languishing in judicial custody since more than seven months.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, period of custody and that the charge-sheet has already been submitted coupled with the fact that the petitioner does not bear any criminal antecedent, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Patna City in connection with Agamkuan P.S. Case No. 727 of 2018, subject to the condition that one of the bailors would be close relative of

Patna High Court CR. MISC. No.26209 of 2019(2) dt.10-05-2019 3/3 the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) devendra/- U T