Patna High CourtCR. MISC./43687/2018bail granted

Vikash Kumar v. The State Of Bihar

2018-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43687 of 2018 Arising Out of PS.Case No. -727 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Vikash Kumar S/o Ram Babu Singh, R/o Vill.- Bahuara, P.S.- Raja Pakar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Saket Kumar Singh, Adv.

For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section414 of the Indian Penal Code and Sections-25(1-b)a/25 (1-AA)/25 (1-AAA)/26(ii)/35 of the Arms Act and Sections-8/20(b)(ii)(B) of N.D.P.S. Act and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Earlier prayer for bail of the petitioner was rejected by this Court by order dated 17-02-2018 passed in Cr. Misc. No. 2547 of 2018 and analgous cases.

A report was called for from the trial court. From perusal of the report, it appears that the case is fixed for supply of police paper. There is no compliance of Section-207 of the Cr.P.C. There is no likelihood of trial to be concluded in near future.

Patna High Court Cr.Misc. No.43687 of 2018 (3) dt.19-09-2018 It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-09-2017 and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was also found sitting in the car, from which, 21 kg. Ganja, 9 litres of liquor along with one country made pistol and 4 live cartridges were said to have been recovered. The petitioner had no knowledge regarding the said articles kept in the car. There is no compliance of Section-100 of the Cr.P.C. as well as Sections-42 & 50 of NDPS Act in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 727 of 2017.

(Sudhir Singh, J) A.K.V./- U T