Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38292 of 2020 Arising Out of PS. Case No.-203 Year-2020 Thana- DESARI District- Vaishali ====================================================== Vikash Kumar son of Sri Munna Paswan resident of village- Khoksa Kalyan, Police Station- Desari, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Imteyaz Ahmad, Advocate Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 414 of the Indian Penal Code and Sections 20/22/23/24/27/27(a)/29 of the N.D.P.S. Act. Two persons including the petitioner were apprehended on a motorcycle. The petitioner was driving the said motorcycle whereas from possession of co-accused Pintu Kumar Charas like substance was seized which Pintu had hidden under clothes worn on his body.

Submission is that the petitioner is in custody since 10.08.2020. The petitioner has got no criminal antecedent. On the basis of allegation disclosed in the FIR it cannot be gathered

Patna High Court CR. MISC. No.38292 of 2020(3) dt.19-03-2021 2/2 that the petitioner had knowledge about what the pillion-rider was hiding.

Considering the lack of materials against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Desari P.S. Case No.203 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T