Vicky Kumar @ Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86969 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Vicky Kumar @ Vikki Kumar Son of Ramjee Sahni Resident of VillageMahisaur, P.S -Jandaha, District.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with N.H. Bangra P.S. Case no. 113 of 2023 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states that the accused persons were also accused in Bangara P.S. Case no. 96 of 2023 registered under section 302 of the Indian Penal Code. In the said case, on the confession of the co-accused Nikki Kumar, arms used in the offence were recovered. Nikki Kumar and Ratnesh Kumar admitted to their involvement in the
Patna High Court CR. MISC. No.86969 of 2024(2) dt.20-12-2024 2/3 said case along with their associates including the petitioner herein and one Suraj Sahani in the murder of Sujeet Kumar Chaudhary.
4. Learned counsel for the petitioner submits that from the contents of the F.I.R. as also the order of the learned trial Court it would be evident that name of the petitioner has transpired in the statement of co-accused Nikki Kumar made before police which led to alleged recovery of incriminating articles. No incriminating article has been recovered from the possession of this petitioner, who is in custody since 19.9.2024 and co-accused Ratnesh Sah and Suraj Sahani has been enlarged on bail vide common order dated 16.4.2024 passed in Cr. Misc. no.7000 of 2024 and Cr. Misc. no. 6873 of 2024.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the alleged recovery of firearm having been made on the confessional statement of co-accused Nikki Kumar, grant of bail to the above named co-accused Ratnesh Sah and Suraj Sahani together with the petitioner having remained in custody since 19.9.2024, the petitioner is directed to be enlarged on bail in connection with
Patna High Court CR. MISC. No.86969 of 2024(2) dt.20-12-2024 3/3 N.H. Bangra P.S. Case no. 113 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Samastipur.
(Partha Sarthy, J) avinash/- U T