Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2071 of 2019 Arising Out of PS. Case No.-508 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Vivek Kumar, Male aged about 25 years, son of Baban Kumar, Resident of Rajput Colony, Paswan Chowk, P.S. Industrial Area, District-Hajipur (Vaishali) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 128 of 2018 arising out of Patliputra Case No. 508 of 2018 registered for the offence punishable under Sections 20 and 22 of the NDPS Act.

The allegation is regarding the petitioner herein and co-accused Sumit Raj having been apprehended by the Police and upon search, two gram of Charas was recovered from the pocket of the petitioner herein apart from one mobile. The learned counsel for the petitioner submits that the petitioner is innocent and he is languishing in custody since 29.10.2018. It is further submitted that the quantity of Charas recovered from the petitioner comes within the category of

Patna High Court Cr.Misc. No.2071 of 2019(2) dt.16-01-2019 2/2 small quantity, as defined under the NDPS Act, 1985, hence the petitioner can be granted bail. Lastly, it is submitted that the petitioner is having a clean antecedent and he is student of tender age.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in connection with Special Case No. 128 of 2018 arising out of Patliputra Case No. 508 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T