Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50406 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== VINAY KUMAR S/o Late Sukan Sahni R/o village- Kopi Tola, P.S.- Katra, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Katra P.S. Case No. 2 of 2022, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

The case of the prosecution in brief is that the police, on receiving secret information, is stated to have raided the house of the petitioner and upon search, one loaded country made rifle along with one live cartridge was recovered and the petitioner was apprehended from the spot.

Patna High Court CR. MISC. No.50406 of 2022(2) dt.09-12-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 2.1.2022. The learned counsel for the petitioner has further submitted that the petitioner has suitably been punished on account of his incarceration.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and he is languishing in custody since 2.1.2022, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.50406 of 2022(2) dt.09-12-2022 3/3 two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Katra P.S. Case No. 2 of 2022. (Mohit Kumar Shah, J) Ajay/- U T