Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69085 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- ITARHI District- Buxar ====================================================== VIJAY KUMAR Son of Janardan Ram Resident of Village- Sayen, P.S.- Itarhi, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act. The prosecution case in brief is that one S.I. Sanjay Kumar SHO recorded his self statements alleging therein that he received information that in Kukudha Sarenja road six to seven culprits assembled with illegal arms and they were making preparation for committing dacoity when the informant reached at the place of occurrence the culprits assembled there started to flee away. The police party arrested seven persons and on search

Patna High Court CR. MISC. No.69085 of 2019(2) dt.25-11-2019 2/3 country made loaded pistol of .315 bore and two live cartridges were recovered from the possession of petitioners Vijay Kumar and another loaded country made pistol of .315 bore and one live cartridge of the same bore was recovered from the possession of the petitioner. Some mobile phones and vehicles were also recovered from the possession of culprits. The seized arms and ammunitions were sealed, seizure list was prepared on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. He submits that from the possession of the petitioner, one loaded country made pistol, loaded with .315 bore of live cartridge recovered from the waist and two live cartridges from the trouser and a Samsung mobile was recovered. He submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 14.06.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail after completion of six months in custody on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial

Patna High Court CR. MISC. No.69085 of 2019(2) dt.25-11-2019 3/3 Magistrate-VI, Buxar in connection with Itarhi Police Station Case No. 145 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T