Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63311 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Vikash Kumar Son of Ramchandra Yadav Resident of Village - Dal Bigha, P.S.- Pathu, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== 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 Rafiganj P.S. Case No. 231 of 2024 registered for the offence punishable under Section-25(1-b), 26 of the Arms 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, the petitioner is said to have tried to flee away but he was apprehended and on search, a country-made Katta, live cartridges and a mobile are said to have been recovered from possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.63311 of 2024(2) dt.10-09-2024 2/2 in this case. No such occurrence as alleged has ever taken place rather the present case has been lodged due to land dispute between his own family. It has further been submitted that as per allegation, the petitioner was arrested in the house of Ashok Yadav but no independent witnesses including the villagers have been made witnesses to the alleged seizure list. The petitioner is under incarceration since 12-06-2024.

5. Learned APP has opposed the prayer for bail and submitted that the petitioner has got criminal antecedent of two cases other than the present one.

6. Considering the aforesaid facts and circumstances, specially, the criminal antecedent, the petitioner named above, is directed to furnish bail bond after two months from today and on doing so, he shall 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 Additional Chief Judicial Magistrate-IV, Aurangabad in connection with Rafiganj P.S. Case No. 231 of 2024.

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