Vikash Kumar Vs The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ayush Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 18-06-2025

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Heard learned counsel for the petitioners and learned

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APP for the State.

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In the present case, the petitioners seek bail in connection with Sahebganj (Rajepur) P.S. Case No. 42 of 2025 registered for the alleged offences under Sections 313/317(5) of Bharatiya Nyaya Sanhita, 2023 and 25(1-B)(a), 26, 35 of the Arms Act.

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As per prosecution case, during checking of vehicles, three persons riding motorcycle were signaled to stop, but they tried to flee away. All of them were apprehended and the petitioners are two such apprehended persons. At the instance of petitioner Vikas Kumar, recovery of a country made

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Patna High Court CR. MISC. No.37728 of 2025(2) dt.18-06-2025 2/3

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katta was made from a wheat field. Further recovery of two live cartridges were made from the pocket of Jeans of Vikas Kumar. From the petitioner-Kundan Kumar, recovery of a country made katta and two live cartridges was made. Further, mobile phones were recovered from both the petitioners.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of these petitioners and recovery shown from the petitioners are planted. The petitioners are students and are in custody since 01.02.2025. The petitioners are having antecedent of one case and charge-sheet has been submitted against them.

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Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioners were caught red handed while carrying firearms and ammunition.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners along with submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.37728 of 2025(2) dt.18-06-2025 3/3

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satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur (West)/court concerned in connection with Sahebganj (Rajepur) P.S. Case No. 42 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Vikash Kumar v. The State of Bihar

Case brief

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Vikash Kumar v. The State of Bihar

Case brief

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