Allowed
Chotu Kumar @ Vikash Kumar @ Vikash v. The State Of Bihar
Patna HCCR. MISC./11211/2018
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from the order text
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11211 of 2018
Arising Out of PS. Case No.-555 Year-2017 Thana- KOTWALI District- Patna
======================================================
Chotu Kumar @ Vikash Kumar @ Vikash, Son of Gopal Sao @ Yogendra Sah, Resident of Golghar Chouraha near Budha Ghat, Renter in the house of Manoj Jee, P.S.- Budha Colony, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. SRI DASHRATH MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 27-02-2018
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Special Case No.158 of 2017, arising out of Kotwali P.S. Case No.555 of 2017, registered under Sections 411, 413, 414/34 of the Indian Penal Code as well as under Sections 18, 22 and 27 of the NDPS Act.
Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner who was riding the motorcycle, recovery is made from rest other two accused of 8 purias of smack and Prem Pandey @ Kanhaiya from whose possession smack was recovered has been admitted to bail by a coordinate Bench of this Court by order dated 12.02.2018,
Patna High Court Cr.Misc. No.11211 of 2018(2) dt.27-02-2018 2/2
passed in Cr. Misc. No.4341 of 2018.
Having considered the said facts and circumstances, petitioner Chotu Kumar @ Vikash Kumar @ Vikash is directed to be released on bail on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIIcum-Special Judge, C.B.I.-II, Patna in connection with Special Case No.158 of 2017, arising out of Kotwali P.S. Case No.555 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner already in custody should be released on bail in connection with the special case arising out of the PS case regarding recovery of smacks and offences under IPC and NDPS Act.
Whether bail should be granted subject to furnishing a bond with two sureties to theAdditional District & Sessions Judge Special Judge C.B.I.-II Patna.
Chotu Kumar @ Vikash Kumar @ Vikash
The State of Bihar
Arun Kumar
As recorded by the court registry
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