Mukund Jee @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44934 of 2022 Arising Out of PS. Case No.-239 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Mukund Jee @ Vivek Kumar Son Of Shashibhushan Prasad R/O Village - Dighwa, P.S.- Baikunathpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20, 22, 24, 29 of the N.D.P.S Act and under Sections 25(1-B)a, 26, 35 of the Arms Act.

As per prosecution case, during investigation of some other case, co-accused Subodh Rai was apprehended by the police who named the petitioner along with other co-accused Sushil Kumar @ Kundan Kumar who were involved in several cases including dealing of psychotropic substance as well. The petitioner

Patna High Court CR. MISC. No.44934 of 2022(7) dt.26-06-2023 2/3 was apprehended with a bag which was containing silver jewellary and one android mobile.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was arrested by the police from the shop of his elder brother which is recorded in the CCTV camera installed in the shop. The petitioner has never indulged in sale or purchase of ny narcotics products and no substance of such nature has been discovered from his possession. Moreover, other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 29.03.2023 passed in Cr. Misc. No. 70443 of 2022. The petitioner is languishing in custody since 12.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was involved in

Patna High Court CR. MISC. No.44934 of 2022(7) dt.26-06-2023 3/3 the commission of offence with other accused persons. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge/Sessions Judge, East Champaran, Motihari in connection with Chakia P.S. Case No. 239 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T