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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82049 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- NALANDA District- Nalanda ====================================================== VICKY KUMAR @ VICKY KUMAR SINGH, aged about 34 years, Male, Son of Murari @Murli Singh @ Murari Singh, Resident of Village - Mahuri, P.S.- Nalanda, District- Nalanda ... Petitioner

Versus

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

For the Petitioner :

Mr. Lovekush Kumar, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 24-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing. The petitioner seeks pre-arrest bail in connection with Nalanda P.S. Case No. 76 of 2019, registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

On receiving the information about attacking by Sushil Kumar and his associates of Bigul Singh @ Arun Kumar Singh of village Mahuri, the informant, along with other police personnel, reached there, and saw a Chevrolet vehicle, then, signal was given to stop the vehicle. Thereafter, four persons started to flee away, but, on chase, the persons, who were on front seat, were apprehended, who disclosed their names Sushil Kumar, driver, and Kakku Kumar. On search, Sushil Kumar found in possession of one pistol containing magazine with 7 live cartridges, Kakku Kumar was also found in possession of rifle and three live cartridges. On query, they disclosed

Patna High Court CR. MISC. No.82049 of 2019(3) dt.24-06-2020 2/2 the name of four persons, who succeeded to flee away as Pramod Singh, Vicky Singh, Vivek Kumar and Vicky Kumar (petitioner). Submission is that the petitioner was not apprehended on spot nor the petitioner is the owner of the vehicle, seized on spot. In fact, due to dirty village politics, the petitioner has been made accused in two other cases, as detailed in paragraph 3 of the petition, in which the name of the petitioner has also come in the confessional statement of the co-accused.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nalanda P.S. Case No. 76 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code and out of two bailors, one must either be parent or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T