Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2539 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- BUXAR District- Buxar ====================================================== Vijay Kumar S/O- Bhagwan Singh R/O- Village- Pandeypatti, P.S.- Buxar(M), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxar (Town) P.S. case No. 439 of 2023 instituted for the offences under Sections 8/21 (c) of the N.D.P.S. Act.

3. Prosecution case, in short, is that police, on secret information, raided the alleged place. On seeing the police party, the accused persons started to flee away but two of the accused persons including this petitioner were apprehended on the spot. On search, one mobile phone and 86 gram heroine was recovered from the possession of the co-accused, Naushad Alam whereas one mobile phone was recovered from the possession of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.08.2023 and has no criminal

Patna High Court CR. MISC. No.2539 of 2024(2) dt.29-01-2024 2/2 antecedent. The petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Nothing incriminating has been recovered from the possession of the petitioner, rather the recovery of heroine is attributed to co-accused person, Naushad Alam who has already been granted bail by a co-ordinate Bench of this Court vide order dated 08.12.2023 passed in Cr. Misc. No. 72235 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Buxar (Town) P.S. case No. 439 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T