Vivek Kumar @ Vivek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78627 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Vivek Kumar @ Vivek Kumar Singh S/O Late Lalbabu Singh R/O VillageMaujampur, P.S- Awtar Nagar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Ankur Prakash Singha, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, one country made pistol was recovered. The police has received information that certain miscreants are going to commit some offense, on this information, they found four boys stopping the vehicles and when they saw the police, they started fleeing, whereas the petitioner was apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.78627 of 2024(3) dt.24-02-2025 2/2 falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that no incriminating material has been recovered from the conscious possession of this petitioner. It is next submitted that the petitioner is a student. It is further submitted that the petitioner is languishing in judicial custody since 31.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has given his confessional statement and has admitted that he was there to extort the truck drivers.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Awtar Nagar P.S. Case No. 188 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 Court of Sri Badal Kumar Gupta, Judicial Magistrate, 1st Class, Saran at Chapra. (Ashok Kumar Pandey, J) Sudhanshu/- U T