Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54156 of 2022 Arising Out of PS. Case No.-227 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Vikash Kumar S/o Sachidanand Rai, Resident of village- Gawandra , Ward No- 10, P.S.- Chakia, District- East Champaran, at Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Narayan Yadav, Adv.

:

Mr. Rakesh Ranjan, Adv.

:

Miss Sweta Kumari, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Motihari Town P.S. Case No. 227 of 2022, lodged under Sections 25(1-b)a, 26 of the Arms Act read with Section 3/4 of the Explosive Substance Act.

As per the allegation made in the F.I.R. 4 desi bomb and 2 live cartridges were recovered in the room of petitioner. Learned counsel for the petitioner submits that antecedent of petitioner is clean and he is in custody since 11.05.2022. He further submits that Section 3/4 of the Explosive

Patna High Court CR. MISC. No.54156 of 2022(3) dt.22-02-2023 2/2 Substance Act is not applicable in the present case, at worst Section 5 of Explosive Substance Act may apply, in which, maximum punishment is up to 5 years.

Learned counsel for the State opposes the prayer for bail and submits that 4 desi bomb have been recovered from the house of petitioner (2 outside his room and 2 inside his room). In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, therefore, his bail application is hereby rejected.

Learned trial court is directed to conclude the trial within one year from today.

(Dr. Anshuman, J.) ritik/- U T