Vikki Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43281 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== VIKKI PATEL S/o Munna Patel R/o village- Iliya, P.S.- Chainpur, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

Prosecution case in nutshell is that while the police was on patrolling, some boys assembled at a place started fleeing away and one of them took out a pistol from his waist and threw the same into the canal which was later on recovered with the help of the persons gathered at the spot and they disclosed the name of the petitioner as the person who had thrown the pistol into the canal.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.43281 of 2022(2) dt.12-12-2022 2/2 further submits that there is no recovery from the conscious as well as constructive possession of the petitioner and on the basis of hearsay, the name of the petitioner came into light and petitioner has not been apprehended at the spot. Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 265 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U