Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73124 of 2025 Arising Out of PS. Case No.-374 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Vijay Kumar, Male, aged about 22 years, S/o- Rajesh Manjhi, R/v- Turkaha Pokhar, P.S.- Gopalganj Town, Dist- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

M/S. Harsh Anuj and Rajesh Kumar, Advocate For the Opposite Party :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tr. No. 31/2025, arising out of Gopalganj Town P.S. Case No. 374/2025 dated 19.05.2025 registered for the offences punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, total 14.05 grams of smack like substance was recovered from the hut-shop of the co-accused Lalita Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot. His name

Patna High Court CR. MISC. No.73124 of 2025(2) dt.28-11-2025 2/3 has come in the present case on the basis of the confessional statement of the co-accused Lalita Devi. There is no recovery of contraband from the possession of the petitioner rather the same is recovered from the hut shop of the co-accused Lalita Devi. The charge sheet has been submitted in the present case. The seized contraband is less than commercial quantity. The name of the petitioner has sprung up in this case on mere suspicion. The petitioner has no concern with the alleged recovery. It is further submitted that the other co-accused Lalita Devi has already been granted bail by a Bench of tiis Court in Cr. Misc. No. 44019 of 2025 vide order dated 23.07.2025, annexed as Annexure-2 to the present bail petition. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Gopalganj in connection with Tr.

Patna High Court CR. MISC. No.73124 of 2025(2) dt.28-11-2025 3/3 No. 31/2025, arising out of Gopalganj Town P.S. Case No. 374/2025, with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T