Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2076 of 2024 Arising Out of PS. Case No.-755 Year-2023 Thana- MANER District- Patna ====================================================== VIKASH KUMAR SON OF RAM SUDISH SINGH R/O VILLAGECHHITNAWAN, P.S.- MANER, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maner P.S. Case No. 755 of 2023 lodged under Sections 25(1B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the recovery of one desi katta, five cartridges, two mobile and one Apache motorcycle have been subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that during routine check-up, police has apprehended two persons including the petitioner, but recovery of desi katta and cartridges have been made from the possession of the one accused, namely, Shubham Kumar and not from the petitioner's

Patna High Court CR. MISC. No.2076 of 2024(2) dt.24-01-2024 2/3 possession. Counsel further submits that from the seizure list, it become crystal clear that only mobiles have been recovered from the possession of the petitioner.

5. Counsel submits that petitioner's antecedent is clean and he is in custody since 21.10.2023.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, District- Patna in connection with Maner P.S. Case No. 755 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.2076 of 2024(2) dt.24-01-2024 3/3 bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T