Vipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78554 of 2024 Arising Out of PS. Case No.-271 Year-2024 Thana- GRIYAK District- Nalanda ====================================================== Vipul Kumar Son of Kamlesh Yadav R/O-Village- Baliyari, PS -Pakriwarawan, Distt.- Nawada (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 310(5), 61, 3(5) BNS & 25 (1-B) a/26/35 of Arms Act.

3. The case of the prosecution is that the police had an information that certain miscreants are going to commit some offence and they are going on XUV Car. The car was intercepted and searched. From the dashboard of the car, one country made pistol was recovered. This petitioner was also in that car and from his possession one mobile of POCCO company was recovered.

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.78554 of 2024(3) dt.27-01-2025 2/2 falsely been implicated in this case. He has got no criminal antecedent. Nothing has been recovered from the possession of the petitioner except one of his personal mobile phone. It is next submitted that the petitioner is not the owner of the vehicle nor the driver of the said vehicle. It is further submitted that the petitioner is languishing in judicial custody since 26.07.2024.

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

6. 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 Giriyak P.S. Case No. 271 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 Chief Judicial Magistrate at Nalanda (Biharsharif). (Ashok Kumar Pandey, J) Sudhanshu/- U T