Raja Kumar @ Vikash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19027 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== RAJA KUMAR @ VIKASH Son of Pradeep Prasad Resident of Village - Dahuchak Nagla, P.S.- Malsalami (Patna City), District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms act and sections 8 and 20 (b)(ii)(B) of the N.D.P.S. Act.

As per the prosecution case, five named accused persons including the petitioner herein were caught and various articles were recovered from the possession of the accused persons. It is stated that from possession of the petitioner a live cartridge and about 1 kg. ganja was recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case because

Patna High Court CR. MISC. No.19027 of 2021(2) dt.16-09-2021 2/2 of his antecedents. He is in custody since 2.6.2020 and chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 1 year 3 months, this Court directs the petitioner to be enlarged on bail in connection with Special Case no.78 of 2020 (arising out of Chowk P.S. Case no.191 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 Special Judge, N.D.P.S.- cum- Sessions Judge, Patna.

(Partha Sarthy, J) Bibhash U T