Vijendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2352 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== VIJENDRA KUMAR Son of Sri Babajee @ Suryadeo Rai Resident of Village-Daudnagar, P.S.-Bidupur, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 21, 22 & 23 of the N.D.P.S. Act.
Ganja was recovered from the bamboo clamp behind the godown of the petitioner. Suspicion is that the same was of the petitioner.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.2352 of 2021(2) dt.10-03-2021 2/3 that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to dirty village politics. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Vikash Kumar has been enlarged on bail by a coordinate Bench of this Court vide order dated 15.12.2020 passed in Cr. Misc. No.32551 of 2020. The petitioner has no criminal antecedent and been languishing in custody since 17.08.2020.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bidupur P.S. Case No.58 of 2020, subject to the following conditions :
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below.
(b) The petitioner shall fully cooperate with the trial
Patna High Court CR. MISC. No.2352 of 2021(2) dt.10-03-2021 3/3 of the case, failing which the learned Court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the learned Trial Court.
(Anjani Kumar Sharan, J) Trivedi/- U T