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2025 DAILYLAW 83034 (PAT)

Vikash Soni v. The State of Bihar

CR. MISC./83153/2024 · 2025-03-18

Ashok Kumar Pandey

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83153 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== Vikash Soni S/O Pankaj Svarnkar R/O Village- Simri Bakhtiyarpur Shaini Tola, Ward No. 28, P.S- Simri Bakhtiyarpur, Distt.- Saharsa. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(b) of the NDPS Act, 1985. 3. The case of the prosecution is that on 31.07.2024 at about 9:15 P.M. while he was on duty along with other police personneal at Platform No. 1, Train No. 18626 Kosi Super Express came. During checking, at about 10:00 P.M. while he reached at exit gate, one person was trying to escape just after getting down from the train but was apprehended. On interrogation, he disclosed his name as the petitioner herein. On inquiry, he disclosed that he was carrying Codeine syrup in the bag hanging on his back. Upon search, there was recovery of a mobile of VIVO company and 58 bottles of Triprolidine Patna High Court CR. MISC. No.83153 of 2024(3) dt.18-03-2025 2/2 Hydrochloride and Codeine Phosphate Syrum (wiscodin) having quantity of total 5-8 liters. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. Moreover, the petitioner is languishing in judicial custody since 01.08.2024 having no criminal antecedent. 5. From perusal of the FIR, it is clear that the items which has been recovered from the possession of the petitioner is of commercial quantity and regarding carrying of it, no plausible defence has been placed by this petitioner. 6. Learned APP appearing for the state has opposed the prayer of regular bail. 7. Considering the above facts and circumstances of the case and the materials available on the record, I am not inclined to extend him the privilege of bail which is accordingly rejected. Jagdish/- (Ashok Kumar Pandey, J) U T