Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68097 of 2022 Arising Out of PS. Case No.-687 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Vijay Kumar Son of Late Ram Chandra Sao, R/o Mohalla- Kajibagh Khara Kuan, P.S.- Alamganj, District- Patna (City) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Special Case No.206 of 2022 arising out of Alamganj P.S. Case No. 687 of 2022 registered for the offences punishable under Sections 8, 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act.

The petitioner/accused is named in the first information report and is in custody since 05.09.2022. The allegation against the petitioner is to have in possession of contraband i.e. ganja, total of 1.140 kg alleged to be seized from the dining hall of the petitioner It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case for the

Patna High Court CR. MISC. No.68097 of 2022(2) dt.25-02-2023 2/3 reason that alleged recovered ganja not appears to be made from conscious physical possession of the petitioner. It is submitted that mandatory provision as regard to compliance of Section 42 of the NDPS not appears to be made in this case. It is also submitted that compliance of Section 100(4) of the CrPC also not appears to be followed. It is also submitted that the alleged recovered quantity is less than commercial quantity, where petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which the charge-sheet has been submitted, and, as such, there is no chance of tampering with the evidence.

Learned APP while opposing the prayer for grant of bail to the petitioner, fairly conceded that recovered quantity of ganja is less than commercial quantity.

In view of the above-mentioned facts and circumstance, as alleged recovered contraband i.e, ganja is less than commercial quantity, where compliance of Section 42 of NDPS Act also not appears to be followed, coupled with the fact that charge-sheet has already been submitted, let the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.68097 of 2022(2) dt.25-02-2023 3/3 Additional Sessions Judge-XXV, Patna in connection with Special Case No.206 of 2022 arising out of Alamganj P.S. Case No.687 of 2022, subject to the conditions as mentioned under Section 437(3) of the Code of Criminal Procedure. (Chandra Shekhar Jha, J.) Sanjeet/- U T