Vijay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50596 of 2022 Arising Out of PS. Case No.-372 Year-2016 Thana- SIWAN CITY District- Siwan ====================================================== VIJAY KUMAR GUPTA Son of Shiv Jee Prasad Resident of village - Shuklatoi, Siwan, P.S.- Siwan (Town), Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Kumari For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

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

As per the prosecution case, pursuant to Siwan City P.S. case no. 362 of 2016, on secret information, the police raided a house and the petitioner and the co-accused persons were arrested and the co-accused Rohit Kumar and the petitioner confessed their guilt in the said case. On search, one

Patna High Court CR. MISC. No.50596 of 2022(2) dt.12-12-2022 2/2 loaded country-made pistol with two live cartridges were recovered which were kept near the bed of the co-accused Sonu Kumar.

Learned counsel for the petitioner has submitted 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 petitioner is also accused in one other criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 10.06.2016.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, 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, Siwan in connection with Siwan City P.S. Case No. 372 of 2016.

The application stands allowed.

(Chandra Prakash Singh, J) atul/ayush/- U T