Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61506 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -DIGHA District- PATNA ====================================================== Vikki Kumar, Son of Mantu Mahto, Resident of Mohalla- Bansh Kothi, Gate No.-97, Digha, Tenant in the House of Bidya Bhushan Murari, P.S.- Digha, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Narayan Singh For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-B)a/26/35 of the Arms Act.
The prosecution case is that on 10.09.2017 at 5.30 P.M. the informant Niraj Kumar, S.I. of Digha Police Station submitted written report to the SHO, Digha Police Station stating that he proceeded for investigation of Digha P.S. Case No. 227 of 2016 he received information with regard to involvement of Shambhu Kumar of Gate No. 82. On that information the house of Shambhu Kumar was searched and one
Patna High Court Cr.Misc. No.61506 of 2017 (2) dt.19-12-2017 2/3 country made pistol and one live cartridge were recovered from the box kept in the bed room of the house of Shambhu Kumar, who was arrested and disclosed that co-accused Manoj, Dharmendra and this petitioner gave arms and ammunition to him.
It is submitted by learned counsel for the petitioner that admittedly recovery has been made from coaccused Shambhu and petitioner has been dragged only on the basis of statement of Shambhu before the police. It is further submitted that petitioner was accused in Digha P.S. Case No. 227 of 2016 but he has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 07.12.2017 passed in Cr. Misc. No. 57457 of 2017.
Learned APP submits that recovery has not been made from the petitioner.
Considering the fact that the recovery has not been made from the petitioner let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class,
Patna High Court Cr.Misc. No.61506 of 2017 (2) dt.19-12-2017 3/3 Patna in connection with Digha P.S. Case No. 229 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T