Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57276 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Vishal Kumar Son Of Mukesh Paswan Village- Pusho, Ps- Bithan, DistSamastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar For the Opposite Party :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bithan P.S. Case No. 49/2024 dated 19.05.2024 registered for the offence punishable u/s 8/20(b)(ii)(B) of the N.D.P.S Act.
3. As per the prosecution case, total 3 kgs. ganja was recovered from the house of the co-accused Dilkhush Kumar, where the petitioner and the co-accused, Vikash Kumar had come to take the said ganja with a view to sell it.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.57276 of 2024(2) dt.21-08-2024 2/2 possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2024.
5. Learned A.P.P. for the State has vehemently 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 Court concerned, Samatipur in connection with Bithan P.S. Case No. 49/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T