Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26774 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== Vivek Kumar Son of Suresh Prasad @ Suresh Prasad Singh Resident of Village - Gahilo, P.S.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 401, 414 of the Indian Penal Code and 25(1B), 26/35 of the Arms Act. Allegation is that one country made pistol along with two live cartridges, mobile phone and motorcycle are recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.1.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has not been apprehended on the spot. His name has come on the confessional statement of co-accused. No arms are said to have

Patna High Court CR. MISC. No.26774 of 2019(2) dt.24-04-2019 2/2 been recovered.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned A.C.J.M. 2ndcum-Sub Judge (West), Muzaffarpur in connection with Kathaiya P.S. case No.258 of 2018.

(Sudhir Singh, J) Narendra/- U T