Vivek Kumar @ Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60181 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== VIVEK KUMAR @ MUKUL KUMAR Son of Uday Shankar Prasad Singh @ Uday Singh R/ Vill. - Sagma, P.S.- Kashichak (Sahpur O P), District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 25(1-b)a and 26 of the Arms Act. The prosecution allegation, in short, is that one country made pistol is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.60181 of 2021(2) dt.22-12-2021 2/2 present case. One country made pistol is recovered in this case. The recovery is made from a line hotel alleged to be of the petitioner. The said line hotel has been closed for a long time. The petitioner was not present at the time of the occurrence. There is no incriminating articles recovered from the possession of the petitioner. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur P.S. Case No. 117/2021, G.R. No. 929/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T