IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42517 of 2019

Arising Out of PS. Case No.-165 Year-2019 Thana- ARA NAGAR District- Bhojpur

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VIKASH KUMAR, aged about 18 years, Male, Son of Ishwar Chandra

Prasad, Resident of Village- Pareo Pipaltar, P.O.- Pareo, P.S.- Bihita, District-

Patna.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner

:

Mr.Nagendra Kumar Singh, Advocate.

For the Opposite Party

:

Mr.Zainul Abedin, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL ORDER

2

11-07-2019

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner is languishing in custody since

24.03.2019 in a case for the offence registered under Sections

414 of the IPC and 21(a) of the N.D.P.S. Act.

The prosecution story, in brief, is that on 25.03.2019

at about 3.15 P.M. S.I. Ainsu Zaman Khan of Ara Town P.S.

went to Gangi Chowk with police personnels for checking the

small vehicles and with the help of Cross-Mobile started

checking of anti-social elements and small vehicles. During the

course of checking at about 16.00 hours, he saw that a person on

a Motorcycle was coming towards Gangi Chowk but seeing the

police party, he tried to flee away but Cross-Mobile staffs

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chased and caught him. On search of his body as well as his

Motorcycle, a Puriya like Brown Sugar weighing 1.5 Gram

recovered. On asking to show papers, he did not show any paper

and told that he had purchased the said material from a person

aged about 40 years at Gausganj Road near Gangi, he showed

his inability to disclose his name. On interrogation, he disclosed

his name as Vikash Kumar (petitioner). He was arrested and

brought to Ara Town P.S. and seized the Brown Sugar like

material and his Motorcycle and a seizure list was prepared and

the case was registered.

It has been submitted by learned counsel for the

petitioner that the petitioner has got no criminal antecedent.

Charge sheet has been submitted in the present case. There is no

allegation of tampering with the witnesses alleged against the

petitioner. The petitioner has falsely been implicated in the

present case. It is alleged that 1.5 Gram Brown Sugar is said to

have been recovered from possession of this petitioner. The

same is below the commercial quanity. Hence, Section 37 of the

IPC is not applicable in the present case. There is no compliance

of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the learned counsel for the State, it has

been submitted that the petitioner is named in the F.I.R.

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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 the learned Sessions

Judge, Bhojpur, Ara, in connection with N.D.P.S.No. 07/19,

arising out of Ara Town P.S. Case No. 165 of 2019.

U.K./-

(Sudhir Singh, J)

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