Patna High CourtCR. MISC./12632/2025bail granted

Vikky Kumar v. The State Of Bihar

2025-05-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12632 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Vikky Kumar S/o- Suresh Rai @ Suresh Kumar Singh Village- Nawada Khurd, P.O.- Shahdullahpur, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ganga Bridge P.S. case No. 246 of 2024 instituted for the offences under Sections 191(2)/191(3)/190/329(3/115(2)/ 118(1)/10/132/125(a)/125(b)/352 of the B.N.S., 2023 and Sections 8(c), 21(b), 29 of the N.D.P.S. Act, 1985.

3. As per prosecution case, the police has recovered 9.700 Grams of Smack from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 12.12.2024 and has one criminal

Patna High Court CR. MISC. No.12632 of 2025(3) dt.13-05-2025 2/3 antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The police has forcibly took the signature of the petitioner on plain paper and converted the same into a seizure list. The petitioner has no concern with the alleged seized contraband. The recovered contraband is just above the small quantity but much below the commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner as also the quantity of seized contraband which is much below the commercial quantity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on

Patna High Court CR. MISC. No.12632 of 2025(3) dt.13-05-2025 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ganga Bridge P.S. case No. 246 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T