Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40413 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Vicky Kumar Son of Dinesh Sharma, Resident of Village Manopur, P.S.- Bhagwanpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks regular bail in connection with Ballia P.S. Case No.221 of 2022 dated 17.08.2022, lodged under Sections 25(1-b)A, 26/35 of the Arms Act.
4. As per the prosecution case, the recovery of one country made pistol and one live cartridge have been made from the possession of petitioner.
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He further submits that arms were not recovered from the conscious possession of petitioner. He also submits that one co-accused
Patna High Court CR. MISC. No.40413 of 2023(2) dt.12-07-2023 2/2 person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 03.05.2023 passed in Cr. Misc. No.7073 of 2023. Learned counsel further submits that there are two antecedents of petitioner and in both the cases he is on bail. He also submits that petitioner is in custody since 21.12.2022 and 7 months have already been lapsed.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Begusarai in connection with Ballia P.S. Case No.221 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Ritik/- U T