Vickky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20279 of 2023 Arising Out of PS. Case No.-653 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Vickky Kumar Son of Amaldeo Prasad Yadav @ Amaldev Ray Resident of Village - Gola Pakariya, P.S.- Lakhaura, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Jasobanta Senapti (Assistant Commandant), ECoy 20th Batallion Sitamarhi Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with NDPS Case No. 109 of 2022 arising out of Ghorasahan P.S. Case No.653 of 2022 registered for the offence punishable under Sections 20(i) (ii) (B), 23(b) and 25 N.D.P.S. Act. As per prosecution case, the allegation against the petitioner is that 4 Kg and 700 Gram ganja was recovered from the possession of the petitioner by the patrolling party. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20279 of 2023(2) dt.18-05-2023 2/3 petitioner has falsely been implicated in this case and no recovery has been made from the conscious possession of the petitioner and recovery of alleged Ganja is planted by the prosecution. He has further submitted that alleged recovered quantity of ganja is less than commercial quantity. He was not involved in any other narcotic cases. He has one criminal antecedent in which he is on bail. Seizure-list was not prepared as per mandatory requirement.

Learned counsel for the petitioner further submits that charge in this case has already been framed and there is no chance of absconding of the petitioner or tampering with the evidence if he is granted bail. Petitioner is in jail custody since 02.12.2022.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge / Special Judge NDPS, East Champaran, Motihari in connection with NDPS Case No. 109 of 2022 arising out of

Patna High Court CR. MISC. No.20279 of 2023(2) dt.18-05-2023 3/3 Ghorasahan P.S. Case No.653 of 2022.

(Sunil Dutta Mishra, J) shweta/- U T