Vivek Kumar @ Cobra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5423 of 2024 Arising Out of PS. Case No.-687 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Vivek Kumar @ Cobra Son Of Vijay Kumar Gupta @ Vijay Kumar Resident Of Gaighat, Kajibagh, Khara Kuan, P.S. - Alamganj, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-05-2024
1. Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Alamganj P.S. Case No.687 of 2022 registered for the offence under Sections 8/20(b)(ii)(B) of N.D.P.S. Act.
3. The allegation against the petitioner is to have in possession of contraband i.e., ganja, total of 1.140 kg alleged to be seized from the dining hall of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has falsely been implicated in the case for the reasons that alleged
2/4 recovered ganja not appears to be made from his conscious physical possession. It is pointed out that the compliance of Section 42 of the NDPS Act and also compliance of Section 100(4) of the Cr.P.C not appears to be followed in the present case. For travelling over the argument learned counsel submitted that at the time of search admittedly the petitioner was in custody in connection with other case, where on the disposal of his father co-accused Vijay Kumar, his named surfaced in the present case, only for the reason that he is a man of criminal antecedents and found involved in 37 more criminal cases. It is submitted that, in maximum of the cases the name of the petitioner surfaced out of confessional statement/disclosure of co-accused persons as of present case, having otherwise no hearing on the merit of the case. It is submitted that the alleged recovered quantity is less than commercial quantity, therefore, Section 37 of the NDPS Act also not appears applicable in this case. While concluding the argument it
3/4 is pointed out that investigation is completed, for which charge-sheet has already submitted, as such, there is no chances of tampering with the evidence.
5. Learned APP appearing on behalf of the State opposes the prayer of bail.
6. In view of the above-mentioned facts and circumstances as the name of the petitioner surfaced in this case out of disclosure made by co-accused, where admittedly he was in custody at the time of the recovery coupled with the fact that the charge-sheet has already submitted, where the petitioner is in custody since 17.03.2023, let the petitioner, above named, is directed to be released on bail in connection with Alamganj P.S. Case No. 687 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.- XVIII, Patna, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. with further condition:- "(i) That accused/petitioner
4/4 shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents."
(Chandra Shekhar Jha, J) Sudha/- U T