Patna High CourtCR. MISC./29700/2024bail granted

Vikram Kumar v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29700 of 2024 Arising Out of PS. Case No.-782 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Vikram Kumar son of Arun Chaudhary @ Arun Kumar Chaudhari Resident of Village- Bishanpur, Ward No. 42, Chaudhary Tola, P.S.- Nagar, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 782 of 2023 instituted for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol and one live cartridge from the possession of the petitioner.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has

Patna High Court CR. MISC. No.29700 of 2024(2) dt.22-04-2024 2/3 no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has been implicated in the present case by the police due to his criminal antecedents. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. The petitioner is in custody since 22.12.2023 and he has six criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Town P.S. Case No. 782 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.29700 of 2024(2) dt.22-04-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T