Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5692 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Vikash Kumar, S/O Suresh Yadav, resident of Village- Raipatti, Bhataha, P.S.. Sugauli, Dist. East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Sugauli P.S. Case No. 483 of 2023, N.D.P.S. G.R. No. 95 of 2023, dated 08.11.2023 registered for the offence(s) punishable under Section(s) 399, 402, 414 of Indian Penal Code, Section(s) 25(1-b)a/26/35 of Arms Act and Section(s) 8/20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

3. Mr. Abhishek Kumar, learned counsel appearing for the petitioner submits that the petitioner is 19 years old person and his case stands on similar footing with co-accused Sanjeet Kumar, who is on bail and so far as the allegation is concerned, as per prosecution's story, one pistol loaded with two cartridges, mobile phone and one motorcycle are alleged to have been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.5692 of 2024(3) dt.19-04-2024 2/2 but he had no concern with the seized narcotic contraband which is said to have been recovered from the possession of the co-accused. He further submits that the petitioner has got no criminal antecedent and he has been languishing in jail since 09.11.2023 and against him, the investigation has been completed.

4. Mr. Umeshanand Pandit, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's young age and completion of investigation against him and also, the privilege of bail having been granted to one of the co-accused namely, Sanjeet Kumar by this court vide order passed in Cr. Misc. No. 11669 of 2024, in the opinion of this court, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sugauli P.S. Case No. 483 of 2023.

(Shailendra Singh, J) Rajiv/- U T