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Patna High Court - Orders

Vikki Kumar @ Prashant Kumar @ Viki Kumar ... vs The State Of Bihar on 27 June, 2023

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21200 of 2023
                    Arising Out of PS. Case No.-13 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Vikki Kumar @ Prashant Kumar @ Viki Kumar @ Vikki Yadav S/O Satendra
                 Yadav @ Satyendra Prasad Yadav R/O Village- Banua, Bankul, P.S- Minapur,
                 Distt.- Muzaffarpur.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-06-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26(ii) and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he received secret information that some criminals were standing with a motorcycle at Shankar's shop and may commit an occurrence, accordingly he reached the place of occurrence where one boy was apprehended along with arms and he disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing Patna High Court CR. MISC. No.21200 of 2023(2) dt.27-06-2023 2/2 was recovered from his conscious possession and he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value, it is further submitted that the antecedent which the petitioner carries, in that case also his name came based on the confessional statement of co-accused.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail 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 court below where the case is pending/successor court in connection with Siwaipatti P.S. Case No. 13 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father Satendra Yadav @ Satyendra Prasad Yadav.

(Satyavrat Verma, J) Rishi/-

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