Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84941 of 2019 Arising Out of PS. Case No.-648 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== VIKASH KUMAR Son of Ravi Shankar Sahani Resident of Juran Chhapri Road No. 4, P.S.- Brahampur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Kanti P.S. Case No. 648/2019 registered under Sections 25(1-b)A/26/35 of the Arms Act.

Learned counsel for the petitioner submits that there is an allegation of recovery of one pistol and four live cartridges from the possession of the petitioner and he has remained in custody since 28.08.2019. Learned counsel submits that the seizure list witnesses are not an independent witnesses as they are the police personnel only

Patna High Court CR. MISC. No.84941 of 2019(2) dt.09-01-2020 2/3 and further that the investigation against the petitioner is complete.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there is an allegation of recovery of one pistol and four live cartridges from the possession of the petitioner and he has remained in custody since 28.08.2019, the seizure list witnesses are not an independent witnesses as they are the police personnel only and further that the investigation against the petitioner is complete, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur, in connection with Kanti P.S. Case No. 648/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.84941 of 2019(2) dt.09-01-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T