Krishna @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50714 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Krishna @ Vivek Kumar Son of Jitendra Sahi Resident of village - Harrakh Kalyan, P.S.- Minapur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 09 of 2024 dated 05.01.2024 registered for the offences punishable u/s 399, 402 of the I.P.C. and Sections 25 (1-B)a, 26, 35 of the Arms Act and Sections 20(b) and 22(b) of N.D.P.S. Act.
3. As per the prosecution case, one loaded country made pistol, two live cartridges and cash of Rs. 28,000/- were recovered from the possession of the petitioner. Further, 1.100 kg ganja was also recovered from the place of occurrence.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.50714 of 2024(2) dt.08-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Begusarai Town P.S. Case No. 09 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T