IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52417 of 2021

Arising Out of PS. Case No.-173 Year-2021 Thana- MOTIHARI TOWN District- East

Champaran

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Vishal Kumar, Son of Indradev Das, Resident of Village - Baratola, P.S. -

Muffasil, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Rajesh Kumar, Advocate

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

4

31-08-2022

Heard learned counsel for the petitioner and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

In the present case, the petitioner seeks bail in

connection with N.D.P.S. Case No. 25 of 2021, arising out of

Nagar P.S. Case No.173 of 2021, registered for the alleged

offence under Sections 399, 400, 402, 115, 414 of the Indian

Penal Code, Section 25 (1-b) a, 26, 35 of the Arms Act and

Sections 20 (b) (ii) (C), 23 (C) of N.D.P.S Act.

As per the prosecution case, the police received secret

information that 4-5 youths have gathered with a while coloured

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Apache motorcycle for making plan to commit some crime.

They were surrounded. Three persons tried to run away on foot

and two persons tried to escape on the motorcycle. Both the

motorcycle riders were apprehended along with one person out

of three who were trying to escape on foot. The petitioner is one

of the riders of the motorcycle and from his possession, a

country made loaded pistol with one live cartridge and from his

pocket another live cartridge were recovered. From the

motorcycle, 1.200 K.G. of charas was recovered which the

petitioner and another co-accused Vishal Kumar claimed to have

brought from Nepal for selling it locally. It also came to the

knowledge of the police that from the mobile number of the co-

accused Vishal Kumar, extortion demand of Rs. 10 lacs was

made to a medical shop owner.

It has been submitted on behalf of the petitioner that

the petitioner is innocent and has been falsely implicated in this

case. Nothing has been recovered from his conscious

possession. The motorcycle from which alleged seizure of

charas has been shown does not belong to this petitioner. The

petitioner is in custody since 14.03.2021 and the charge sheet

has been submitted in this case.

Learned APP opposes the prayer for bail submitting

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that recovery has been made from the motorcycle which is sated

to be stolen. The petitioner and co-accused were found riding

the motorcycle and from this motorcycle, commercial quantity

of charas was recovered. The recovery of arms and ammunition

have also been made from this petitioner. The petitioner is

accused in other cases as well.

Having regard to the submissions made hereinabove

and considering the fact that seized contraband was sent for

forensic examination and it was stated to be charas and further

considering the recovery of commercial quantity of contraband

from the motorcycle, the petitioner was found using and also

considering the criminal background of the petitioner, I am not

inclined to enlarge the petitioner on bail.

Accordingly, his prayer for grant of bail is rejected.

However, the learned trial court is directed to expedite

the trial and conclude the same expeditiously preferably within

a period of one year.

V.K.Pandey/-

(Arun Kumar Jha, J)

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