Vikash Kumar Gupta @ Vikash Kumar @ Vikash Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69712 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== VIKASH KUMAR GUPTA @ VIKASH KUMAR @ VIKASH LAL S/O GOVINDRA SAH @ GOVINDA PRASAD SAH R/o Kevadhi, P.S.- Kudra, District- Kaimur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Prerna Rishi, Mr. Patanjali Rishi, Advocates.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Ms. Prerna Rishi, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Patliputra PS Case No. 154/2021 registered for the offence punishable under Sections 399 and 402 of the IPC and under Sections 25 (1-b)a, 26 and 35 of the Arms Act. The police personnel, on the basis of confidential information that some miscreants, in a suspicious condition, have assembled at Kali Mandir near Patliputra Industrial Area, proceeded to the place of occurrence and arrested five accused persons including the petitioner from whom incriminating articles like pistol, cartridges, daab (sharp cutting weapon), motorcycles, mobiles etc., were recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69712 of 2021(2) dt.23-05-2022 2/2 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with an oblique motive. She further submits that from the FIR itself it is apparent that no incriminating article has been recovered from the conscious possession of the petitioner except five notes of having denomination of Rs. 500/-, one mobile along with Adhar Card. The petitioner is in custody since 14.03.2021. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no incriminating article has been recovered from the conscious possession of the petitioner and he is in custody since 14.03.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, VIKASH KUMAR GUPTA @ VIKASH KUMAR @ VIKASH LAL be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna in connection with Patliputra PS Case No. 154 of 2021. (Anil Kumar Sinha, J) perwez U T