Patna High CourtCR. MISC./15983/2024bail granted

Ashutosh Kumar Mishra @ Ashutosh Kumar v. The State Of Bihar

2024-07-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15983 of 2024 Arising Out of PS. Case No.-621 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Ashutosh Kumar Mishra @ Ashutosh Kumar S/O UDAY SHANKAR MISHRA Resident of village- Dakshin Tola Bhorey Ps- Bhorey DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C.Verma, Sr. Advocate Mr.Priyanka Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard the learned senior counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323 and 353/34 of the Indian Penal Code and Section 8 (c) and 21(a) of the NDPS Act, registered in connection with Bhorey P.S.Case No. 621 of 2023.

3. As per allegation, the petitioner along with others was found to be involved in sale and purchase of narcotic drugs.

4. Mr. Y.C.Verma, the learned senior counsel for the petitioner has submitted that the FIR apparently shows that there is no allegation against the petitioner of any kind of violation of

Patna High Court CR. MISC. No.15983 of 2024(5) dt.03-07-2024 2/2 the NDPS Act. Co-accused Atul Mishra @ Abhinash Mishra was apprehended at the spot and smack was recovered from his possession. Only allegation against the petitioner is that he tried to rescue co-accused Atul Mishra @ Abhinash Mishra from the clutches of the police. The petitioner is in custody for more than six months. He is a person of clean antecedents.

5. Considering the above facts and circumstances, 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 District and Sessions Judge, Gopalganj in connection with Bhorey P.S.Case No. 621 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T