This is an oral order granting regular bail to the petitioner under the Arms Act and NDPS Act. The court observed no narcotics were recovered from his possession, releasing him on a bond.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the Sessions Judge, Bhagalpur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74754 of 2023
Arising Out of PS. Case No.-352 Year-2023 Thana- SULTANGANJ District- Bhagalpur
======================================================
Vikram Yadav S/O Anil Yadav Resident Of Nayee Sidhi Ghat, Visharisthan, P.S.-Sultanganj, District-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Madan Mohan, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 24-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 352 of 2023 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 22 and 29 of the NDPS Act.
It is alleged that one one country made pistol and two live cartridges were recovered from the possession of co-accused Chotu Kumar.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing was recovered from the conscious possession of the petitioner and petitioner is in judicial custody
Patna High Court CR. MISC. No.74754 of 2023(2) dt.24-11-2023 2/2
since 04.07.2023. So far as NDPS Act of the petitioner is concerned, there is no narcotic substance has been recovered from his possession as stated in para-9 of the petition.
Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case and submission of learned counsel for the petitioner, let the petitioner above named 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 Sessions Judge, Bhagalpur in connection with Sultanganj P.S. Case No. 352 of 2023.
(Ramesh Chand Malviya, J)
Brajesh Kumar/- U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail while in judicial custody.
Whether the recovery of evidence from a co-accused implicates the petitioner sufficiently to deny bail.
2 provisions across 2 enactments
Vikram Yadav
The State of Bihar
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
