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Patna High CourtCR. MISC./72534/2022allowed

Vikash Kumar v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72534 of 2022 Arising Out of PS. Case No.-280 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Vikash Kumar Son of Manoj Chaudhary @ Manoj Kumar Chaudhary R/VBaghi Harinarayan Maniar, P.S- maniyari, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, of IPC and Section 25(1-b)a/26, 35 of the Arms Act. As per prosecution case, on 25.08.2022, petitioner along with co-accused persons was caught by the police and from possession of the petitioner one country made pistol, a mobile phone and from co-accused persons one country made pistol along with two mobiles and a Passion Pro bike bearing No. BR33L8937 were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this cased due to village politics. The

Patna High Court CR. MISC. No.72534 of 2022(2) dt.20-03-2023 2/2 petitioner has no concern with the alleged recovery of arms which were seized by the police, so far as seized motorcycle is concerned, the same belongs to co-accused Md. Imtiyaz. It is further submitted that the petitioner is languishing in judicial custody since 25.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Maniyari P.S. Case No. 280 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, West Muzaffarpur.

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