Vikash kumar @ Rajiv Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Vikash kumar @ Rajiv Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate in connection with Muffasil P.S. Case No.295 of 2023, conditioned on the petitioner appearing before the Trial Court till conclusion of the trial.

Issue for consideration

Whether the petitioner, in custody since 11.09.2023 in connection with Muffasil P.S. Case No.295 of 2023 for offences punishable under Sections 25(1-B) A, 26, 27 and 35 of the Arms Act, should be released on bail.

Court's answer

Considering the facts and circumstances of the case, the submissions of learned counsel for the petitioner, and that the petitioner has been in custody for more than one year (with charge framed, only two prosecution witnesses examined and the case fixed for evidence), the petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each.

Ratio / Principle

Release on bail was made subject to the condition that the petitioner shall appear before the Trial Court till conclusion of the trial.

Detailed headnote1 paragraphs

Bail granted — Arms Act, Sections 25(1-B) A, 26, 27 and 35 — Patna High Court CR. MISC. No.13320 of 2025(4), oral order dated 02-05-2025 by Ramesh Chand Malviya, J: petitioner Vikash kumar @ Rajiv Sachitanand Singh @ Sacchida Prasad Singh, in custody since 11.09.2023 in Nawada Muffasil P.S. Case No.295 of 2023 (firearms recovered per FIR); earlier bail prayer rejected on 04.04.2024 in Cr. Misc. No.24377 of 2024 with direction to conclude trial within six months; charge framed on 07.08.2024, only two prosecution witnesses examined, case fixed for evidence; custody exceeding one year weighed despite six criminal antecedents; released on bail bonds of Rs.10,000/- with two like sureties to the satisfaction of the learned Additional Chief Judicial Magistrate, subject to appearing before the Trial Court till conclusion of trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13320 of 2025

Arising Out of PS. Case No.-295 Year-2023 Thana- NAWADA MUFFASIL District- Nawada

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

Vikash kumar @ Rajiv Sachitanand Singh @ Sacchida Prasad Singh Resident of village- Bhola Bigha, P.S.-Islampur, District- Nalanda, State-Bihar

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 02-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

Petitioner is in custody since 11.09.2023 in a case registered for an offence punishable under Sections 25(1-B) A, 26, 27 and 35 of the Arms Act.

As per allegation in the FIR, some firearms were recovered from possession of the petitioner.

Earlier the prayer for bail of this petitioner was rejected vide order dated 04.04.2024 passed in Cr. Misc. No.24377 of 2024 with a direction to the learned Trial Court to conclude the trial within a period of six months.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that vide order dated 28.02.2025, and 04.04.2025 a report was called for from the learned Trial Court regarding the stage of the trial and it is evident that charge has been framed on 07.08.2024 and summon to witness has been issued. Deposition of witness no.01 and 02 are registered. The

Patna High Court CR. MISC. No.13320 of 2025(4) dt.02-05-2025 2/2

case is fixed for evidence. He further submits that petitioner is in custody since 11.09.2023 and he has got six criminal antecedents as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

From perusal of the First Information Report, report regarding stage of trial and impugned order dated 23.01.2025, it appears that charge has been framed and only two prosecution witnesses have been examined by the learned Trial Court and the case is fixed for evidence. So, considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact petitioner is in custody for more than one year, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate in connection with Muffasil P.S. Case No.295 of 2023 with a condition that the petitioner shall appear before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Harshita/- U T