Vikash Kumar @ Bhokal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21601 of 2023 Arising Out of PS. Case No.-885 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Vikash Kumar @ Bhokal Son of Sri Shiv Shankar Ray R/V- Kusi Kanti PSKanti dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 885 of 2022, registered for the offences punishable under Sections 8, 20 (b) (ii) (B) of the N.D.P.S. Act and 25 (1-b)a, 26 and 35 of Arms Act.

As per the prosecution case, there is recovery of one loaded country-made pistol and 3 Kg 600 gm ganja from the house of co-accused where the petitioner was also present due to which they were apprehended.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating articles have been recovered from the possession of the petitioner. Search and seizure was not made as

Patna High Court CR. MISC. No.21601 of 2023(2) dt.19-05-2023 2/2 per law. Petitioner has no criminal antecedent and is in jail custody since 28.12.2022. He further submits that similarly situated co-accused, namely, Rupesh Kumar has already been granted regular bail vide order dated 17.05.2023 in Criminal Misc. No. 19582 of 2023 by Co-ordinate Bench of this Court. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let 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 learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Kanti P.S. Case No. 885 of 2022.

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