Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46452 of 2024 Arising Out of PS. Case No.-474 Year-2020 Thana- DIGHA District- Patna ====================================================== VIKASH KUMAR SON OF LATE VINAY RAY @ BINAY RAI @ VINAY RAI VILLAGE- MAKHDUMPUR, P.S.- DIGHA, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramadit Mr.

For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks bail in connection with Digha P.S. Case No.474 of 2020, registered for the offence punishable u/s 20, 22 of the NDPS Act.

3.

Altogether 31 sachets containing 65 grams of ganja was recovered from co-accused Bittu Kumar and he disclosed that petitioner and others deals in ganja.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. Petitioner has been made accused in this case on the basis of statement of co-accused. No incriminating contraband article has been recovered from the conscious physical

Patna High Court CR. MISC. No.46452 of 2024(2) dt.07-08-2024 2/2 possession of the petitioner. Charge has not been framed. Petitioner has one criminal antecedent in similar nature of offence and he is in custody since 23.04.2024. 5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner has one criminal antecedent in similar nature of offence.

6.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) pallavi/- U T