Vicky Kumar @ Amardeep Kumar Bharti @ Vickey Kumar @ Amerdeep Kumar Bharti @ Amardip Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33767 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Vicky Kumar @ Amardeep Kumar Bharti @ Vickey Kumar @ Amerdeep Kumar Bharti @ Amardip Kumar Bharti S/o Deepak Kumar Bharti Resident of village - Saraigadh, Ward No. 15, Police Station - Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s:

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 8/21 (b) of the N.D.P.S. Act.

3. The allegation in the first information report is that 30 liters of Wiscof cough syrup was recovered from a Maruti car. It has been alleged that the accused persons fled away on seeing the police party and could not be arrested upon chase.

4. It is submitted by learned counsel for the petitioner that the petitioner is neither the owner nor the driver of the said car. The said car belongs to one Neelam Devi. It is fur-

Patna High Court CR. MISC. No.33767 of 2025(2) dt.27-05-2025 2/2 ther submitted that there is violation of the mandatory provisions of the search and seizure as there is no independent witness to the seizure list. It is further submitted that the chargesheet has been submitted in the present case without obtaining the F.S.L. report and Annexure-2 to the application would also show that charges have also been framed against the petitioner vide order dated 19.04.2025. Petitioner has no criminal antecedent and has been languishing in custody since 27.11.2024.

5. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhaptiyahi P.S. Case No. 43 of 2024.

(Soni Shrivastava, J) Trivedi/- U T