Vikash Kumar @ Ramu Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Vikash Kumar @ Ramu Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: petitioner Vikash Kumar @ Ramu to be released on bail after framing of the charge in connection with Bihar P.S. Case No.720 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif; trial court directed to conclude framing of charge within 15 days; if the charge-sheet has not been submitted, release on bail bond subject to physical presence before the Trial Court on each date till conclusion of the framing-of-charge proceeding and presence before the trial court till conclusion of the trial.

Issue for consideration

Whether Vikash Kumar @ Ramu, in custody since 13.08.2023 in connection with Bihar P.S. Case No.720 of 2023 (District Nalanda) for offences under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act, should be released on bail.

Court's answer

Grounds for grant: a loaded country-made pistol with two live cartridges and a motorcycle were recovered from the petitioner, there was no independent witness to the seizure list, and the petitioner has been in custody since 13.08.2023; considering these facts the Court was inclined to grant bail.

Ratio / Principle

Operative order: the petitioner is to be released on bail after framing of the charge in connection with Bihar P.S. Case No.720 of 2023, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Nalanda at Biharsharif.

Key takeaways

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.ratio¶21
If the charge-sheet has not been submitted, the petitioner is to be released on bail on furnishing a bail bond, with the further condition that he present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.ratio¶21

Detailed headnote1 paragraphs

Bail granted — Patna High Court, Criminal Miscellaneous No.16516 of 2024 (arising out of Bihar P.S. Case No.720 of 2023, District Nalanda), oral order dated 22-03-2024 by Hon'ble Mr. Justice Ramesh Chand Malviya. The petitioner, Vikash Kumar @ Ramu, charged under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act, and in custody since 13.08.2023, was held entitled to bail: a loaded country-made pistol with two live cartridges and a motorcycle had been recovered from his possession, but there was no independent witness to the seizure list. Release ordered after framing of the charge, on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif. The trial court was directed to conclude framing of charge within 15 days of receipt of a copy of the order; if the charge-sheet had not been submitted, the petitioner was to be released on a bail bond, conditioned on physical presence before the Trial Court on each date till conclusion of the framing-of-charge proceeding and presence before the trial court till conclusion of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16516 of 2024

Arising Out of PS. Case No.-720 Year-2023 Thana- BIHAR District- Nalanda

======================================================

Vikash Kumar @ Ramu, Gender-Male, aged about 25 years, S/O Ashok Kumar @ Gore Lal Yadav Resident Of Village- Korai, P.S. Deep Nagar, District- Nalanda

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manmohan Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 22-03-2024

Heard learned counsel appearing on behalf of the

parties.

The petitioner seeks bail registered for the offence under Section 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act.

As per the prosecution case, it is a case of recovery of some arms as well as one motorcycle from the possession of the petitioner.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner was not present at the place of occurrence and he was not kept or conceal of any stolen property.

Patna High Court CR. MISC. No.16516 of 2024(2) dt.22-03-2024 2/3

Learned APP appearing for the State,

opposes the prayer for bail of the petitioner.

On perusal of the first information report, seizure list and impugned order dated 08.01.2024, it appears that one loaded country made pistol along with two live cartridges and also one motorcycle were recovered from the possession of the petitioner. No independent witness of seizure list and petitioner is in custody since 13.08.2023, considering which, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Bihar P.S. Case No.720 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.16516 of 2024(2) dt.22-03-2024 3/3

framing of charge and on further condition that the petitioner shall be present before the trial court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T