Patna High CourtCR. MISC./65640/2023allowed

Vicky Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65640 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== VICKY KUMAR S/O LALBABU SAHANI VILLAGERAGHUNATHPUR, PS. BHAGWANPUR, DIST. VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. As per prosecution case, the petitioner along with co-accused persons are alleged to have been apprehended by police while they were preparing for committing offence. Upon search, country made arms were recovered from co-accused persons and one Iron chauper was recovered from possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.65640 of 2023(2) dt.17-10-2023 2/2 falsely been implicated in this case. The petitioner has not been caught with any illegal arms. Only an iron chauper is said to have been recovered from possession of petitioner. He has also not concerned with the other co-accused person. It is further submitted that the petitioner is languishing in judicial custody since 27.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali (Belsar OP) P.S. Case No. 123 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T