Regular bail sought under IPC sections 399, 402, 414/34 and Arms Act sections 25(1-B)a, 26/35; petitioner implicated via co-accused disclosure, no recovery from him. Considering custody since December 2022, the court enlarged him on bail with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12673 of 2023
Arising Out of PS. Case No.-27 Year-2021 Thana- DESARI District- Vaishali
======================================================
VIKASH KUMAR S/O RAMSWARUP RAY @ RAM SWARUP SAHNI Resident of Village- Madhaul Harpurchand, P.S.- Desari (Chandpura O.P.), District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Madhuri Lata ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 05-05-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of Arms Act.
Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested two of them. On search, some incriminating weapons have been recovered from possession of co-accused persons who disclosed the name of the petitioner.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12673 of 2023(2) dt.05-05-2023 2/2
petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of disclosure made by co-accused Chandan Kumar who was apprehended on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner has got no criminal antecedent and languishing in judicial custody since 22.12.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Desari P.S. Case No. 27 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate 15th Vaishali at Hajipur.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner, allegedly named only in a co-accused's disclosure and with no recovery from him, should be released on regular bail.
2 provisions across 2 enactments
Vikash Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
