Vickky Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28452 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Vickky Singh, S/o Shree Bhola Singh, resident of Village- Babu Muhalla, Kudra, P.S.- Kudra, District- Kaimur at Bhabua. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 12.03.2017 in connection with N.D.P.S. Case No. 07/2017, arising out of Kudra P.S. Case No. 40 of 2017 for the offences instituted under Sections 27(A), 20(b)(ii)(a) of NDPS Act and 30(a), 38(1)(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that a commercial quantity of narcotic substance, namely, Ganja, and some equipments showing an illicit commercial activity of this petitioner in respect of concerned contraband, were recovered from the house of this petitioner.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.28452 of 2017 (2) dt.07-07-2017 2/2 petitioner is in custody since 12.03.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 3.700 Kg. of Ganja, cash of Rs. 28,550/- and 1.440 liters of liquor are said to have been recovered from the house of the petitioner. The recovered Ganja is much below the commercial quantity. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Kaimur at Bhabua, in connection with N.D.P.S. Case No. 07/2017, arising out of Kudra P.S. Case No. 40/2017. (Sudhir Singh, J) U.K./- U T