Virendra Kumar @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60400 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- CHORAUT District- Sitamarhi ====================================================== Virendra Kumar @ Vinay Kumar Son of Bhibhisan Ray Village- Khoriya Po Ps- Choraut Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Choraut P.S. Case No. 77 of 2024 instituted for the offence under Sections 399, 402 & 411 of the Indian Penal Code and Sections 25(1-B)a & 26 of the Arms Act.

3.

As per prosecution case, there is recovery of one country made pistol from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-06-2024. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.60400 of 2024(2) dt.31-08-2024 2/3 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 case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the possession of the petitioner. It is submitted that 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 and period of custody of the petitioner, 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 Choraut P.S. Case No. 77 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.60400 of 2024(2) dt.31-08-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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