Virchandra Kumar @ Langra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38718 of 2025 Arising Out of PS. Case No.-294 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Virchandra Kumar @ Langra, aged about 27 years, Male, Son of Visheshwar Ray, Resident of Village- Araiya East Tola, Araiya, P.S.- Patori, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Khushi Awadh, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 294 of 2023 instituted for the offences punishable under Sections 399, 402, 411, 414 of the Indian Penal Code, Sections 8, 20(b) (ii) of the N.D.P.S. Act and Section 25(1-b)a, 26 and 35 of the Arms Act.
3. As per allegation in the FIR, it is case of recovery of one country made katta along with one live cartridge as well as 1.5 kg. of Ganja from the possession of the petitioner.
4. This is the second attempt for bail. Earlier the prayer for bail of the petitioner was rejected by this Court in Cr. Misc. No. 12977 of 2024 vide order dated 29.02.2024 with a
Patna High Court CR. MISC. No.38718 of 2025(2) dt.20-06-2025 2/3 liberty that the trial Court is directed to conclude the trial within a period of one year from the receipt of a copy of this order and if the trial is not concluded within the stipulated time, the petitioner may have liberty to renew his prayer for bail before the trial Court.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 23.06.2023.
6. Learned APP opposes the prayer for bail.
7. From perusal of the FIR, seizure list and impugned order of the learned District and Additional Sessions Judge-1st, Samastipur dated 15.04.2025, it appears that on the basis of written report of the informant, FIR has been lodged under Sections 399, 402, 411, 414 of the Indian Penal Code, Sections 8, 20(b) (ii) of the N.D.P.S. Act and Section 25(1-b)a, 26 and 35 of the Arms Act against six accused persons including the present petitioner. Similarly situated co-accused persons namely Mohan Mistri and Md. Taiyab have been granted regular bail by this Court and a Bench of this Court in Cr. Misc. Nos. 8255 of 2024 and 73299 of 2023 vide orders dated 03.05.2024 and
Patna High Court CR. MISC. No.38718 of 2025(2) dt.20-06-2025 3/3 23.11.2023 respectively. From perusal of the impugned order, it also appears that charges has not been framed by the learned trial Court as submitted by learned counsel for the petitioner, so considering all these aspects of the matter, I am inclined to grant bail to the petitioner.
8. Accordingly the prayer for bail of the petitioner is allowed. 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 the learned District and Additional Sessions Judge-1st, Samastipur in connection with N.D.P.S. Case No. 10 of 2023 arising out of Mufassil P.S. Case No. 294 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
U T