Vivek Kumar @ Hagga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73810 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- NTPC District- Patna ====================================================== Vivek Kumar @ Hagga, Male aged about 19 years, Son of Gendu Singh, Resident of Village- Laxmipur, Police Station- NTPC, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvnendra Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NTPC PS Case No. 104 of 2023 instituted for the offences punishable under Sections 353 and 307/34 of the Indian Penal Code and Sections 25 (1-b) a, 26, 27 and 35 Arms Act.

3. As per the prosecution case, one country made pistol and five live cartridges and one empty cartridge were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the first information report, seizure list and impugned order of the learned Additional District and Sessions Judge-1st Barh, Patna dated 02.09.2023, it appears that all witnesses of the seizure list

Patna High Court CR. MISC. No.73810 of 2023(5) dt.19-02-2024 2/2 are official witness and not independent witness. Petitioner is in custody since 09.07.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Barh, Patna in connection with NTPC PS Case No. 104 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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