Vicky @ Vicky Kumar @ Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32164 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== VICKY @ VICKY KUMAR @ ADARSH KUMAR S/O CHOTELAL SAHANI Resident of Village- Bhuwan Chapra Malahi Tola, P.S.- Chakai, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 412, 414, 34 of the IPC. 3.

As per the prosecution case, the informant conducted raid in the house of one Arvind Kumar and 1899.2 litres of paint was recovered, which was kept in different containers. One person was apprehended during raid and disclosed that the petitioner and others have kept the container in the house.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.32164 of 2023(2) dt.21-07-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. No incriminating article has been recovered from the conscious physical possession of the petitioner. The coaccused Arvind Kumar Singh @ Tunna Singh, from whose house recovery was made has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No.26775 of 2023. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chakiya P.S. Case No.38 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T