Vikki Das @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3903 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- MAHUA District- Vaishali ====================================================== VIKKI DAS @ VIKKI KUMAR son of ARVIND DAS R/o VILL PATEPUR ROAD PS MAHUA DIST VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Mahua P.S. Case No. 319 of 2020 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and 25(1b)a/26/35 of the Arms Act. As per the prosecution case, informant alongwith Police forces reached Mango Field of Ram Janak Ray situated at Village Madhopur. Two persons namely Deepak Kumar

Patna High Court CR. MISC. No.3903 of 2021(2) dt.22-03-2021 2/3 @Gaurav and Dharmendra Kumar were caught by the Police Force. On search, one loaded country made Katta has been recovered from the possession of Deepak Kumar @Gaurav and one life cartigage and one sharped edge knife has been recovered from the possession of Dharmendra Kumar. On Asking, the informant disclosed the name of the petitioner and also disclosed that all of them are planning to loot the Gramin Bank.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner made accused in the present case on the confessional statement of apprehended accused namely Deepak Kumar @Gaurav. He submits that the said Deepak Kumar @Gaurav has been granted bail by this Court in Cr. Misc. No. 1412 of 2021 dated 04.03.2021. He further submits that no incriminating article has been recovered from the conscious physical possession of the petitioner and till date no T.I. parade was conducted neither anyone has identified the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

The petitioner has been languishing in custody since 17.08.2020 and has one criminal antecedent as mentioned in

Patna High Court CR. MISC. No.3903 of 2021(2) dt.22-03-2021 3/3 Para 2 of the bail application.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Hajipur, Vaishali in connection with Mahua P.S. Case No. 319 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T