Kavishwar Vijay Vivekanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23172 of 2018 Arising Out of PS.Case No. -74 Year- 2017 Thana -SONNAGAR RAIL P.S. District- GAYA ====================================================== KAVISHWAR VIJAY VIVEKANAND S/o Ishwari Singh @ Ishwari Mahto, R/o Vill.- Sudana, P.S.- Medninagar, District- Palamu (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Saket Kumar Singh For the State : Mrs. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sonenagar P.S. Case No. 74 of 2017 for the offences punishable under Sections 25(1-a)b and 26(2) of the Arms Act and Section 137 of the Railway Act.

The allegation is regarding the Police having engaged in search at Railway Station and during the course whereof when the Police was searching the bogies of a train, the petitioner was apprehended and eight country made pistol were recovered from his bag.

The learned counsel for the petitioner has submitted that the petitioner is having a clean antecedent, he has been falsely

Patna High Court Cr.Misc. No.23172 of 2018 (5) dt.29-06-2018 2/2 implicated in the present case especially on account of the fact that the informant and the petitioner are known to each other and reside in the same mohalla and prior to the present case, during the course of the last election, the petitioner had supported the candidature of another person while the informant had supported the candidature of a different person leading to animosity amongst them. The petitioner is stated to be languishing in custody for more than six months.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Railway, Gaya in connection with Sonenagar P.S. Case No. 74 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T