Vibhishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51328 of 2021 Arising Out of PS. Case No.-190 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vibhishan Kumar Son Of Gauri Shankar Singh R/O Village- Kishunpura, P.S.- Basantpur Lakari Nabiganj (O.P.), District- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402, 413, 414 of the Indian Penal Code, 25(1-b)a,, 26(1)(2), 35 of the Arms Act and 8(c) and 20(b) (ii)B of the N.D.P.S. Act.

The prosecution allegation, in short, is that arms along with 370 grams ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Arms along with 370

Patna High Court CR. MISC. No.51328 of 2021(2) dt.24-12-2021 2/2 grams ganja is said to have been recovered from one Md. Irfan. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Gopalganj in connection with Sidhwalia P.S. Case No. 190 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T