Vijay Kamkar @ Vijay Chandravanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55093 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- RAJPUR District- Buxar ====================================================== VIJAY KAMKAR @ VIJAY CHANDRAVANSHI Son of Late Bashisth Kamkar Resident of Village - Puraini Kala, P.S. - Rajpur, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Adv.
For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Rajpur PS Case No. 64/2021 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 30(d) of Bihar Prohibition & Excise Act 2018. As per First Information Report, the police party on the basis of secret information raided the house of one Ajay Kamkar and upon seeing the police party 9 to10 persons started fleeing away from the house of the said Ajay Kamkar. However, five of them were arrested by the police. The police recovered one country made pistol, two live cartridges and liquor bottle caps, 16 cartons meant for packing liquor etc., from the said
Patna High Court CR. MISC. No.55093 of 2021(2) dt.19-05-2022 2/3 house.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of disclosure of his name made by the arrested accused persons. Learned counsel further submits that the petitioner has got no criminal antecedent and is in custody since 27.06.2021. No incriminating material has been recovered from the possession of the petitioner. Learned counsel further submits that today itself the co-accused, namely, Abhishek Kumar @ Abhishek Kumar Singh @ Bhuwar, who was arrested by the police on the spot has been granted bail by this Court vide Cr. Misc. No. 55029/2021.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedent and is in custody since 27.06.2021, no incriminating material has been recovered from the possession of the petitioner and a similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, VIJAY KAMKAR @ VIJAY CHANDRAVANSHI be released on bail on furnishing
Patna High Court CR. MISC. No.55093 of 2021(2) dt.19-05-2022 3/3 bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Buxar in connection with Rajpur PS Case No. 64/2021. (Anil Kumar Sinha, J) perwez U T