Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63189 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== VIKASH KUMAR Son of Rampratap Ray Resident of Village - Ward No.- 10, Suryapatti, Bedaul, Pupuri, P.S.- Pupri, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sursand P.S. Case No. 277 of 2024 registered for the offence punishable under Sections-399, 402/34 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act as also under Sections8/20(b)(ii)(A) of NDPS Act.

3. Prosecution case in short is that on the tip off, the informant along with police personnel reached at the place of occurrence where seeing the police, some persons started fleeing away but they were apprehended and disclosed their names as the petitioner and other six accused persons. Allegedly, an iron rod, a knife and a mobile are said to have been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.63189 of 2024(2) dt.10-09-2024 2/2

4. Learned counsel for the petitioner has submitted that the country-made pistol and cartridges were recovered from possession of co-accused persons and not from possession of the petitioner. Only an iron rod, a knife and a mobile were recovered from possession of the petitioner. He has also submitted that the alleged Ganja was also not recovered from possession of the petitioner. The petitioner is a person of clean antecedent and is languishing in judicial custody since 11-062024.

5. Learned counsel appearing for the State has opposed the prayer for bail.

5. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Sitamarhi in connection with Sursand P.S. Case No. 277 of 2024 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T