Bikki Kumar @ Vikky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48118 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== BIKKI KUMAR @ VIKKY KUMAR Son of Umesh Sao @ Umesh Sah Resident of Village - Fuladi, P.S.- Sandesh, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Narayan Singh.1 For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard learned counsel for the parties through virtual court proceedings.
Petitioner seeks regular bail in connection with Sandesh P.S. Case No. 13 of 2021 registered for the offence under Sections 414 / 34 of the I.P.C. and Section 25 (1-b)a / 26 / 35 of the Arms Act.
As per the allegation Police during course of regular checking intercepted a motorcycle on which three persons were riding and on search one loaded country made pistol was recovered from the waist of the petitioner and one live cartridge of 12 bore from his pocket .
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.48118 of 2021(2) dt.07-02-2022 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. He further submits that at the time of search and seizure the procedures prescribed under the Cr.P.C. have not been followed and the signature of independent witnesses is not there in the seizure list. He next submits that petitioner has got no criminal antecedent, he is in custody since 16 -01 - 2021 and similarly situated co-accused / Vikash Kumar and Ankit Kumar have been granted bail by different Coordinate Benches of this court in Cr. Misc. Nos. 45531 of 2021 & 34248 of 2021 respectively.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 16-01-2021, charge sheet has already been submitted and similarly situated co-accused have been granted bail by different Co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.- Bhojpur , Ara in connection
Patna High Court CR. MISC. No.48118 of 2021(2) dt.07-02-2022 3/3 with Sandesh P.S. Case No. 13 of 2021.
(Anil Kumar Sinha, J) praful/- U T