Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57182 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== VIJAY KUMAR Son of Bindeshwar Mahto @ Bindeshwari Mahto R/VKaranpur, Nishad Dwar Bochahanm P.S- Bochahan, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 411, 414, 34 of the Indian Penal Code, Sections 8, 20 and 22 of the NDPS Act. As per allegation in the FIR, on seeing the patrolling police, four miscreants started to fleeing away but on chase, three accused persons including the petitioner were apprehended on spot. They disclosed that they are indulged in snatching the passers by and on the alleged date of occurrence, they assembled there to sell ganja and while they were waiting for customers, they were apprehend with one pulsar motorcycle from which one kilogram ganja was seized.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.57182 of 2022(5) dt.10-05-2023 2/3 has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from possession of the petitioner. Chargesheet has been submitted before the FSL report without confirming the seized incriminating material. Police has not complied the mandatory provision of Section 50 of the NDPS Act. The seized article (1 kg. Ganja Like substance) is exact the small quantity. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 31.8.2022 passed in Cr. Misc. No. 27491 of 2022.
Petitioner has got no criminal antecedent and he is languishing in judicial custody since 7.1.2022. The application for bail is opposed by learned APP for the State and submits that FSL report corroborates the prosecution case.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Muzaffarpur in connection with
Patna High Court CR. MISC. No.57182 of 2022(5) dt.10-05-2023 3/3 NDPS Case No. 27/2022 arising out of Gaighat P.S. Case No. 08 of 2022.
(Sunil Kumar Panwar, J) sushma/- U