Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15471 of 2023 Arising Out of PS. Case No.-390 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== VIVEK SINGH Son of Late Gorakh Singh R/v- Makri Mahuawa, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 414/34 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act and Sections 8/20 of the Narcotic Drugs and Psychotropic Substance Act.

There is allegation of recovery of 2 kg 110 gram charas and a red colour Apache motorcycle and a Splender plus motorcycle and a country made pistol with cartridges. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.07.2022. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.15471 of 2023(2) dt.01-05-2023 2/2 present case. There is no chance of trial being concluded in near future. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article or any contraband from the possession of the petitioner. The alleged recovery is said to have been made from the co-accused, who were apprehended on the spot.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Harsidhi P.S. case No.390 of 2021.

(Sudhir Singh, J) Narendra/- U T