Vicky Pandit @ Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59462 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Vicky Pandit @ Vicky Kumar Son of Ramesh Pandit Resident of Village - Mishra Colony Ward No.- 04, Raxaul, P.S.- Raxaul, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul (Haraiya) P.S. Case No. 165 of 2024 dated 11.05.2024 registered for the offences punishable under Sections 8C, 21b, 29 of the N.D.P.S. Act.
3. As per the prosecution case, total 48.33 grams smack like substance was recovered out of which, 28.55 grams smack like substance was recovered from the right pocket of the pant of the petitioner, 6.74 grams smack like substance was recovered from the co-accused, Aman Kumar and 13.04 grams smack like substance was recovered from the co-accused,
Patna High Court CR. MISC. No.59462 of 2024(3) dt.26-10-2024 2/2 Abhishek Giri.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The name of the petitioner has transpired in this case merely on suspicion. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 12.05.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Raxaul (Haraiya) P.S. Case No. 165 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T