Vikash Pandit @ Tunnu @ Bikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62738 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== Vikash Pandit @ Tunnu @ Bikash Son Of Inder Lal @ Indra Lal Resident Of Village - Registary Office Thakurganj, P.S. - Thakurganj, District - Kishanganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(b), 22(b), 23(b), 27(a), 29 of the N.D.P.S Act.
There is recovery of 28 grams of smack.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. The name of the petitioner sprang up on the confessional statement of co-accused
Patna High Court CR. MISC. No.62738 of 2023(3) dt.18-12-2023 2/2 Akash Yadav, which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Moreover, the seized contraband is much below the commercial quantity. The petitioner is languishing in custody since 30.05.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, NDPS Act, Kishanganj in connection with Thakurganj P.S. Case No. 34 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T