Dharmveer Prasad@ Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9888 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

DHARMVEER PRASAD@ DHARMVEER KUMAR, Male, Age 27 years, 2.

NIKESH PRASAD @ NIKESH KUMAR, Age 19 years, Male, Both S/O PAPPU PRASAD, Both R/v- Salempur, P.S.- Ara (M), DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023 1.Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Ara Muffasil (Dhobahan O.P.) P.S. Case No. 55 of 2022 dated 18.02.2022 registered for the offences punishable under Sections 21(C)/ 29 of the N.D.P.S. Act.

3. The main submissions advanced by the learned counsel for the petitioners are that the petitioners were not arrested at the spot and no incriminating material has been recovered from the conscious possession of these petitioners rather the alleged contraband is said to have been recovered from the possession of the co-accused Pappu Prasad, who revealed the names of these petitioners and other co-accused persons, namely, Jagarnath Yadav, Guddu Yadav and Sriram Prasad, who have already been granted bail vide orders passed

Patna High Court CR. MISC. No.9888 of 2023(2) dt.04-05-2023 2/2 in Cr. Misc. Nos.40863 of 2022 and 65338 of 2022, against the petitioners, investigation has been completed and they have been languishing in jail since 05.12.2022 having fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Having considered the above submissions and mainly the facts that petitioners were not apprehended at the spot and co-accused namely Pappu Prasad is stated to have been arrested at the spot with the alleged contraband and he revealed the names of these petitioners as well as other co-accused persons, as mentioned above, who are on bail, investigation has been completed against the petitioners and they have fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Muffasil (Dhobahan O.P.) P.S. Case No. 55 of 2022.

(Shailendra Singh, J) Sanjay/- U T