Patna High CourtCR. MISC./53561/2023bail granted

Vishal Kumar v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53561 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== VISHAL KUMAR SON OF BIRENDRA SINGH R/O VILLAGEGYASPUR, P.S- PAROO, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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 Sakra P.S. Case No. 193 of 2023 dated 25.04.2023 registered for the offences punishable u/s 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons were assembled at the poultry farm for making preparation to commit crime. On seeing the police party, they tried to fled away. In the meantime, three persons were apprehended on the spot. On search, one live cartridge was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.53561 of 2023(2) dt.25-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41872 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.05.2023.

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 period of custody, 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, Muzaffarpur in connection with Sakra P.S. Case No. 193 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T