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Patna High Court/13248/2021allowed

Arjun Prasad @ Ramjee @ Natu v. The State Of Bihar

2021-07-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13248 of 2021 Arising Out of PS. Case No.-91 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== ARJUN PRASAD @ RAMJEE @ NATU, Son of Late Chain Prasad, R/vPotahi, Punpun, P.S.- Punpun, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Satendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 20/22/23 of the N.D.P.S. Act Prosecution case, in brief, is that on 19.02.2018, the informant had recovered approximately 150 gm. Ganja from the co-accused namely, Tinku Kumar @Prakash. The petitioner had fled away from the spot. Later on, he was arrested and remanded in judicial custody.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.13248 of 2021(2) dt.29-07-2021 2/2 case. He further submits that there is no recovery of contraband articles from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 17.02.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition and he is also accused in Pirbahore P.S. Case No. 693/2017 under Sections 22, 23 of the N.D.P.S. Act. There is recovery of 150 gm. Ganja from the coaccused, namely Tinku Kumar @ Prakash, has been granted bail by a co-ordinate Bench of this Court vide order dated 17.05.2018 passed in Cr. Misc. No.23243/2018. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Special Case No.125/2018 arising out of Pirbahore P.S. Case No. 91/2018 to the satisfaction of learned Court below where the case is pending/ successor Court. (Anjani Kumar Sharan, J) amitkumar/- U T