Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19134 of 2021 Arising Out of PS. Case No.-426 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VICKY KUMAR Son of Nageena Singh Resident of Mauza- Pakdi, P.S.- Belsar O.P., District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code and sections 20 and 22 of the N.D.P.S. Act.

As per the prosecution case, on information having been received, a raid was conducted and it is stated that a total quantity of about 850 gms of charas like substance was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been

Patna High Court CR. MISC. No.19134 of 2021(2) dt.17-09-2021 2/2 recovered from his possession. Even after the prosecution case, the alleged recovery from possession of the petitioner is of 200 gms which is less than the commercial quantity. The petitioner is in custody since 4.8.2020. His case stands on a similar footing to that of co-accused Abhishek Kumar who has been enlarged on bail vide order dated 26.8.2021 passed in Cr. Misc. no.23344 of 2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner having remained in custody for more than 1 year and grant of bail to the co-accused, the Court directs the petitioner to be enlarged on bail in connection with Sadar P.S. Case no.426 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge I, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T