Vikas Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23461 of 2020 Arising Out of PS. Case No.-101 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== Vikas Kumar Yadav aged about 26 years, Male, Son of Ram Briksha Yadav Resident of Village-Lakshminia, P.S.-Lagdi Goth, District-Sirha, Nepal. ... ... Petitioner

Versus

The State of Bihar & another ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party :

APP For the Union of India :

Dr. K.N. Singh, Addl. S.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-10-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as learned counsel for the Union of India. The petitioner is in custody in connection with Jainagar P.S. Case No.101 of 2020 for the offence under Section 420 of the Indian Penal Code and Sections 18(c), 27(B)(ii), 18(A), 28, 18(A)(vi) and 27(d) of the Drug and Cosmetic Act. Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent and he was apprehended on 21.03.2019 on the allegation that he was crossing Indo-Nepal Border on his motorcycle carrying some medicine. Learned counsel submits that the Inspector of SSB was not competent to lodge a complaint. In addition thereto,

Patna High Court CR. MISC. No.23461 of 2020(3) dt.06-10-2020 2/2 from the material available on record, it would not be appropriate that any substance of drugs and cosmetic was seized.

Considering the fact that the petitioner has no criminal antecedent and he is in custody since 21.03.2020, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No.101 of 2020 subject to the condition that bailors should be local residents of Jainagar Police Station.

(Anil Kumar Upadhyay, J) BT/- U T