Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10573 of 2022 Arising Out of PS. Case No.-876 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ARUN KUMAR, S/o Darveshwar Sahni @ Darveshwar Sahani, Resident of Village- Dadar Policd Line, P.S.- Ahiyapur, District- Muzaffarpu. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Section 401 of the Indian Penal Code and Section 20/22 of the N.D.P.S. Act. As per the prosecution case, 600 gram of Ganja and a knife were recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in

Patna High Court CR. MISC. No.10573 of 2022(2) dt.06-07-2022 2/2 custody since 21.11.2020. The other co-accused persons have been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 24.08.2021 passed in Cr. Misc. No. 20909 of 2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned 1stAdditional Sessions Judge-cum-Special Judge, N.D.P.S Act, Muzaffarpur, in connection with N.D.P.S. Case No.121 of 2020 arising out of Ahiyapur P.S. Case No. 876 of 2020, with a following condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/-Shobha U