Vikash @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55277 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Vikash @ Vivek Kumar son of Bulu Kumar @ Bullo Kumar Village- Chhoti Tengraila Po- Amarpura Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 191 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

Prosecution case in brief is that there is recovery of one cartridge from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-04-2024. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.55277 of 2024(2) dt.14-08-2024 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. Charge sheet has been submitted in this case. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 191 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T