Vikku Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50945 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- ITARHI District- Buxar ====================================================== VIKKU KUMAR YADAV Son of Sri Kanhaiya Yadav @ Kanhaiya Yadav Resident of Village- Mathura Dera Chakki, P.S.- Chakki (O.P.), DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s:

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Itarhi Police Station Case No. 133 of 2021, registered for the offences punishable under Sections 25 (1-B)a/26/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that one country-made pistol, along with three live cartridges, have been recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from perusal of the First Information Report, it would be evident that

Patna High Court CR. MISC. No.50945 of 2021(2) dt.01-04-2022 2/2 on two motorcycles, five persons were going and out of them, four succeeded in fleeing away and the petitioner has been arrested, which is highly improbable and the witnesses in the seizure list are not independent witnesses and only the police personnels are the seizure list witnesses.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner is having criminal antecedent inasmuch as six cases are pending against him, as stated in paragraph 3 of this application, I am not inclined to grant regular bail to the petitioner, at this stage. This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial does not record any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √