Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8495 of 2025 Arising Out of PS. Case No.-739 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Vikram Kumar Son of Sakaldeep Rai Resident of Village- Jadhuapul, P.S.- Hajipur Town, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8(c), 21(b), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that 17.23 grams of smack was recovered from Sunny Kumar who disclosed the name of Vikram Kumar (petitioner), Chandan Kumar, Akhilesh Kumar and Ramlal Paswan and specifically disclosed that Ramlal Paswan came with smack from whom he purchased.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case based

Patna High Court CR. MISC. No.8495 of 2025(2) dt.07-03-2025 2/3 on the confessional statement of Sunny Kumar. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that even Sunny discloses that he had purchased the smack from Ramlal Paswan but then also confessed that this petitioner along with Chandan Kumar and Akhilesh Kumar was present.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that though petitioner was not apprehended from the place of occurrence but then his name has come in the confession of Sunny Kumar who was apprehended with smack. It is further submitted that if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond on which learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.8495 of 2025(2) dt.07-03-2025 3/3 case is pending/Successor Court in connection with Hajipur Town P.S. Case No. 739 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father, namely, Sakaldeep Rai.

8. However, it is made clear that if the investigating officer of the case files an application bringing to the notice of the learned trial court that petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. It is further made clear that if the charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall lose its effect.

(Satyavrat Verma, J) Kundan/- U T