Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53600 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== VIVEK KUMAR SON OF LATE SHAMBHU RAM R/O VILLAGESABBALPUR, HARIJAN TOLI, P.S.- SONPUR, DISTIRCT- SARAN AT CHHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Adv.

Mr. Rajeev Ranjan, Adv.

Mr. Rajeev Ranjan Dwivedi, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on information having been received that the accused persons had gathered and were planning to give effect to an occurrence, it is stated that a raid was conducted and six accused persons including the petitioner herein were caught. On search, from the possession of the petitioner, a loaded country made pistol with one live cartridge was recovered.

Patna High Court CR. MISC. No.53600 of 2021(2) dt.31-03-2022 2/2 It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his possession. He is in custody since 8.1.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner having remained in custody for over 1 year and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Saraiya P.S. Case no.19 of 2021/G.R. no.97 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, (West), Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T