Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34393 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vinay Kumar son of Late Sachidanand Prasad, resident of VillageChampapur, P.S.- Patahi, District- East Champaran. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Umesh Chandra Verma, Adv.
For the Opposite Party : Mr. Mukeshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 188, 272, 273 and 290 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 and Section 20, 22 and 23 of Narcotics Drugs and Psychotropic Substances.
20 gm. of Ganja and 500 ml. of country made liquor is said to have been recovered from the dicky of the motorcycle of the petitioner and petitioner was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.34393 of 2018 (02) dt.20-06-2018 - 2 - physical possession of the petitioner. He has no concern with the seized articles. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. The alleged Ganja is of small quantity. He has no criminal antecedent and has been languishing in custody since 27.12.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge / Special Judge, Motihari, East Champaran, in connection with N.D.P.S. Case No. 97 of 2017, arising out of Phenhara P.S. Case No. 94 of 2017.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T