Vikrant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59359 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Vikrant Kumar, Son of Vinod Kumar, Resident of Mohalla- I.G. Colony, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.03.2019 in connection with Sadar P.S. Case No.200 of 2019 registered for the offence under Sections 25(1-b)a/25(1AA)/25(1AAA), 25(II) of the Arms Act.

Learned counsel for the petitioner submits that the very fact that there are two seizure lists at one point of time and at the same place of occurrence itself creates a cloud on the prosecution story and the story of prosecution having been fabricated and the alleged recoveries had been planted on the petitioner cannot be ruled out. He further submits that even if the alleged recoveries are said to have been made from the

Patna High Court CR. MISC. No.59359 of 2019(3) dt.04-11-2019 2/2 place of occurrence, the such buildings from which such recoveries were made were the ancestral building in which the petitioner resides and only one room has been occupied by the petitioner. It is further submitted that the petitioner has clean history but in the case diary, one case has been referred to, but he has not been remanded in such case till date. He thus submits that the petitioner may be extended the privilege of bail.

Considering the aforementioned facts and circumstances and that the alleged recoveries were from the joint house of the petitioner and that he has been in custody for over six months, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case No.200 of 2019.

(Anjana Mishra, J) PNM U T