Vikash Kumar @ Langara @ Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40022 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- SARAI District- Vaishali ====================================================== VIKASH KUMAR @ LANGARA @ VIKESH KUMAR S/o Late Dasrath Singh R/o Village- Sahdullapur, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22, 23, 24, 25 and 29 of the N.D.P.S. Act.

Allegation is that there is recovery of 5 kg. Ganja from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was apprehended by the police at 5.15 am, the seizure list was prepared at 5.30 am but the informant recorded his self statement at the place of occurrence itself at 8.30 am after about 03 hours of the alleged seizure. The petitioner is a handicap person and the certificate of disabilities issued by the C.M.O., Vaishali on 10.02.2011(as

Patna High Court CR. MISC. No.40022 of 2020(3) dt.24-03-2021 2/2 Annexure-2 of the bail application). The wife of the petitioner had filed a complaint case (Annexure-3) of the bail application, therefore, the petitioner has falsely implicated in this case. As per prosecution case, the said contraband articles has been recovered from the possession of the petitioner which is below the commercial quantity. The petitioner is languishing in judicial custody since 03.03.2020 more than one year.

Learned counsel for the petitioner further submits that Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sarai P.S. Case No. 46/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T