Vinay Kumar @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77629 of 2023 Arising Out of PS. Case No.-688 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VINAY KUMAR @ INDRAJEET KUMAR Son of Raj Kumar Ram Resident of mohalla - Muradpur Dullah, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 461, 379, 411 of the Indian Penal Code and Section 8(c ), 21(a) of the NDPS Act. Prosecution case relates to recovery of 3.08 gram smack like substance was recovered from possession of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. There is complete violation of provision of Section 50 of the NDPS Act. There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the smaller quantity. Petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.77629 of 2023(2) dt.05-12-2023 2/2 since 3.6.2023.

Learned APP appearing for the State has opposed the prayer of 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 enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Spl. Judge, Muzaffarpur in connection with NDPS Case No. 131 of 2023 arising out of Ahiyapur PS Case No. 688 of 2023. (Sunil Kumar Panwar, J) sushma/- U