Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51539 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== VIKASH KUMAR, aged about 22 years, Male, Son of Lal Babu Yadav, Resident of Mohalla - Kumrar Gwal Toli, P.S.- Agamkuan, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate.

For the Opposite Party :

Mr.Rajeev Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.03.2019 in a case for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on the basis of secret information, the police team chased the petitioner and caught him and on search, found a country made pistol and two live cartridges from possession of the petitioner. The petitioner has also been checked by Breath Analyzer Machine and found to have drunk.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.51539 of 2019(2) dt.19-08-2019 2/2 witnesses alleged against the petitioner. One country made pistol and two live cartridges is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M. Ist, Patna City, Patna, in connection with Agamkuan P.S. Case No. 273 of 2019.

(Sudhir Singh, J) U.K./- U T