Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88283 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Vivek Kumar S/o- Late Vinod Prasad kushwaha @ Vinod Kushwaha VillageKoiriya Tola Ps- Raxaul Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2970 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Hasnain Thakur S/o- Rahim Thakur Resident of village- Siswa tajpur ward no 10, Ps- Bhangha District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 88283 of 2024) For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Uday Chand Prasad (In CRIMINAL MISCELLANEOUS No. 2970 of 2025) For the Petitioner/s :
Mr.Hemant Ray For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State (in both cases).
2. The petitioners seek bail in a case registered for offence under Sections 8(C), 20(b)(ii), (C), 21(b), 22(C), 24, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per prosecution case, during raid, 1.092 Kg Charas and 208 gm Smack were recovered from the house of co-accused Nayeem Miyan. It is alleged that these petitioners along with other F.I.R. named accused persons used to sell the
Patna High Court CR. MISC. No.88283 of 2024(3) dt.11-07-2025 2/2 aforesaid items near India-Nepal border and were arrested on spot.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been implicated in this case only on suspicion. No incriminating material has been recovered from conscious possession of the petitioners and have got no concern with the alleged recovery. Petitioners are in custody since 01.10.2024. Some of the similarly situated co-accused have already been granted bail by coordinate Bench of this Court. Chargesheet has been submitted.
5. Learned Addl. Public Prosecutors have vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the petitioner in both case namely Vivek Kumar and Hasnain Thakur be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge / Special Judge, East Champaran at Motihari in connection with N.D.P.S. Case No. 84 of 2024, arising out of Haraiya P.S. Case No. 14 of 2024.
(Prabhat Kumar Singh, J) anay U T