Vikkee Kumar @ Vikkee @ Blkee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20158 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Vikkee Kumar @ Vikkee @ Blkee Son of Krishnadeo Rai, Resident of Village- Shiv Chak, P.S. Gauri Chak, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with S. Tr. No. 851 of 2016 arising out of Beur P.S. Case No. 243 of 2016 registered for the offences punishable under Sections 399 and 402 of the IPC and Section 25 (1-B)A, 26/ 35 of the Arms Act. Allegedly, acting on a tip of, police caught three persons including the petitioner when they were assembled for hatching a conspiracy of bank loot and police also recovered three live cartridges from the possession of the petitioner. Submission is of false implication. So-called recovery of three live cartridges have been planted against the petitioner. This case may only be under Sections 25(1-b)A, 26 and 35 of the

Patna High Court Cr.Misc. No.20158 of 2017 (3) dt.01-06-2017 2/2 Arms Act but adding Sections 399 and 402 is super addition by the police. Petitioner is suffering in custody since 30.03.2017, deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned IIIrd Additional Sessions Judge, Patna in connection with S. Tr. No. 851 of 2016 arising out of Beur P.S. Case No. 243 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (S. Kumar, J) sushma/- U T