Patna High CourtCR. MISC./65691/2023allowed

Vikash Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65691 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Vikash Kumar S/O Jangu Singh @ Jang Bahadur Singh R/O Vill - Pipra, P.S. - Ramkrishna Nagar, Dist. - Patna Bihar 800016 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Tiwari For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a/26 and 35 of the Arms Act and Sections 8(c) 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of 14 grams of brown sugar like narcotics substance from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered contraband does not come within the purview of commercial quantity as per NDPS Act. There is no independent witness of the seizure list

Patna High Court CR. MISC. No.65691 of 2023(2) dt.17-10-2023 2/2 rather they are police personnel. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramkrishna Nagar P.S. Case No. 209 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVIII, Patna. (Sunil Kumar Panwar, J) Shubham/- U T