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Patna High CourtCR. MISC./75983/2024allowed

Vikky Kumar @ Vikky Singh @ Vikky Star v. The State Of Bihar

2024-11-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75983 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Vikky Kumar @ Vikky Singh @ Vikky Star Son of Ram Sewak Singh @ Ramsevak Singh Resident of Vill- Jaitpur, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankit, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 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 341, 323, 353, 504 and 34 of the Indian Penal Code, Sections 8, 20(B), 11(B) and 25 of the N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the bathan of this petitioner, 5.30 kg of Ganja was recovered.

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. It is apparent from the FIR that the alleged contraband was recovered from an open place which is accessible to anyone. Chances of plantation of this

Patna High Court CR. MISC. No.75983 of 2024(3) dt.22-11-2024 2/2 alleged contraband cannot be ruled out. It is further submitted by learned counsel for the petitioner that petitioner has got six criminal antecedent and he was on bail in all those cases. Moreover, he is languishing in judicial custody since 19.06.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barahiya P.S. Case No. 158 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Lakhisarai. (Ashok Kumar Pandey, J) Shubham/- U T