Vikash Kumar @ Ballu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72455 of 2019 Arising Out of PS. Case No.-233 Year-2019 Thana- ROSERA District- Samastipur ====================================================== Vikash Kumar @ Ballu S/o Lalan Ray @ Kari Singh R/o village- Narayan Pipar Ward No. 18. P.S.- Chhaurahi O.P. (Khodabandpur), Distt.- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Rosera P.S. Case No. 233 of 2019 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

Petitioner along with other accused persons are said to have been planning to commit some occurrence and a loaded pistol and four live cartridges are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case at the instance of his

Patna High Court CR. MISC. No.72455 of 2019(2) dt.11-12-2019 2/2 enemy by planting the aforesaid recovery from his possession. Petitioner has no concern with the seized article. There is nothing cogent incriminating material on record to indicate the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Chandan Kumar recorded by the police, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent and has been languishing in custody since 09.08.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Samastipur in connection with Rosera P.S. Case No. 233 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T