Patna High CourtCR. MISC./62001/2018bail granted

Vikash Kumar Yadav @ Pahalwan v. The State Of Bihar

2018-10-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62001 of 2018 Arising Out of PS. Case No.-735 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Vikash Kumar Yadav @ Pahalwan, Son of Fulo Yadav, Resident of VillageMerhiya, Police Station- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Special (NDPS) Case No. 22 of 2017 arising out of Forbesganj P.S.Case No. 735 of 2017 registered under Section 20(b) of Narcotic Drugs and Psychotropic Substance Act and Sections 25(1-b)a/26/35 of the Arms Act. From the possession of co-accused Prince Kumar, 13 grams Ganja is said to have been recovered. It is alleged that seeing the police, petitioner fled away and co-accused Prince Kumar disclosed the petitioner's name.

Learned counsel appearing on behalf of the petitioner contends that no recovery has been made from the petitioner's possession, who is in custody since 23.12.2017.

Patna High Court Cr.Misc. No.62001 of 2018(2) dt.06-10-2018 2/2 Learned A.P.P. appearing on behalf of the State, while opposing the prayer for bail, has submitted that since the petitioner has criminal antecedent, he does not deserve regular bail.

However, considering the quantity of article recovered from the possession of co-accused Prince Kumar and the fact that there is no recovery from the petitioner's possession, this application is allowed. The petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Araria in connection with Special (NDPS) Case No. 22 of 2017 arsing out of Forbesganj P.S. Case No. 735 of 2017. (Chakradhari Sharan Singh, J) sujit/- U T