Vishal Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70044 of 2022 Arising Out of PS. Case No.-422 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== VISHAL RAJ S/o Ajay Kumar Sinha R/o Village- Adarsh Nagar, Road no.-1, P.S.- Ahiyapur, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act and Section 8(c) 21(b) of NDPS Act.

As per prosecution case, informant alleged that when he got information that some miscreants are snatching mobile. After that he along with police party reached there and apprehended petitioner with 20 gram smack like substance and from the possession of the co-accused persons, one country made pistol and two live cartridges and other articles have been recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70044 of 2022(2) dt.17-03-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Neither FSL report is available on the record to suggest that the seized article is Charas nor Section 50 of the NDPS Act has been complied properly in this present case. It is further submitted that recovered smack like substance is 20 grams which does not come under preview of the commercial quantity. Moreover, the petitioner is languishing in judicial custody since 28.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Kanti P.S. Case No. 422 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Muzaffarpur.

(Sunil Kumar Panwar, J) Manish/- U T