Vikash Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5366 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Vikash Mishra, Male, aged about 38 years, Son of Laxmikant Mishra, Resident of Village- Jafarpur, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Belsand PS Case No. 83 of 2023 instituted for the offences punishable under Section 414 of the Indian Penal Code and Sections 8(C), 20(b) (ii) (B), 29 of the N.D.P.S., Act 1985.
3. As per the prosecution case, 1.5 kg of Ganja was recovered from a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the case diary, FIR, seizure list and the bail rejection order of the learned Special Judge, Sitamarhi dated 06.11.2023, it appears
Patna High Court CR. MISC. No.5366 of 2024(2) dt.13-02-2024 2/2 that total 1.5 Kg of Ganja has been recovered from co-accused persons. Similarly situated co-accused person namely Rahul Kumar @ Munu Shrivastava @ Munna Srivastava @ Munnu Srivastava has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 46844 of 2023 vide order dated 31.07.2023. petitioner is in custody since 03.06.2023.
5. Learned APP opposes the prayer for bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi in connection with Belsand PS Case No. 83 of 2023.
7. However, the trial Court is directed to conclude the proceeding of framing of charge according to law within a period of one month from the date of receipt of this order. (Ramesh Chand Malviya, J) Anand Kr.
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