Patna High CourtCR. MISC./3620/2024allowed

Vibhuti Kumar v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3620 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Vibhuti Kumar S/O RAVINDRA THAKUR VILLAGE- NAWALPUR MISHRAULIA, PS. SAKRA, DIST. MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Reena Kumari For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1A), 26, 35 of the Arms Act.

3. There is recovery of one country made pistol and two live cartridges from the possession of the co-accused Gulsan Kumar who disclosed the name of the petitioner as his associate.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No.3620 of 2024(2) dt.31-01-2024 2/2 the seized arms or the apprehended person. He was not apprehended on spot rather his name was disclosed by coaccused person who were apprehended on spot. The petitioner is languishing in custody since 7.10.2023. It is also submitted that co-accused Gulshan Kumar has already been granted bail by this court vide order dt. 9.1.2024 passed in Cr. Misc. No. 84073 of 2023.

5. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-15th, Muzaffarpur (East) in connection with Sakra P.S. Case No. 400 of 2023. (Sunil Kumar Panwar, J) Amandeep/- U T