Patna High CourtCR. MISC./72337/2024allowed

Vikash Kumar v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72337 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- MAHKAR District- Gaya ====================================================== Vikash Kumar, Son of Ramji Mistri, R/O Vill.- Neyamatpur, P.S.- Mahkar, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 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 25(1-B) (a) and 26 of Arms Act.

3. The case of the prosecution is that two country made pistols and eight live cartridges were recovered from the house of the petitioner in a room and family members of the petitioner disclosed that the petitioner used to sleep in that room.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concerned with the alleged recovered arms. From perusal of the

Patna High Court CR. MISC. No.72337 of 2024(2) dt.05-10-2024 2/2 F.I.R. itself, it is clear that petitioner was already in custody at the time of preparation of seizure in connection with Muffasil P.S. Case No. 142 of 2024. Nothing has been recovered from his conscious possession. He has been remanded in this case on 02.04.2024 and since then he is languishing in judicial custody.

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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahkar P.S. Case No. 51 of 2024 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 1st , Gaya.

(Ashok Kumar Pandey, J) lata/- U T