Nikhil Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19925 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Nikhil Shahi, aged about 20 years, Male, S/o Vinod Shahi, R/o village Harka Manshahi, P.S. Minapur, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vindhya Keshri Kumar, Senior Advocate Mr. Neeraj Kumar @ Sanidh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard learned Senior Counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned Senior Counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, under Sections 25(1-b)a/26/35 of the Arms Act as well as under Sections 20/22 of the N.D.P.S. Act.

The police got secret information that some miscreants are planning for committing crime in a stadium situated near Ramkrishna Uchch Vidyalaya, Minapur. After getting such information, the police raided the place and one person

Patna High Court CR. MISC. No.19925 of 2021(2) dt.31-08-2021 2/2 apprehended on the spot.

Learned Senior Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No any contraband or incriminating article has been recovered from conscious possession of the petitioner. The apprehended person disclosed the name of the petitioner. The petitioner is in custody since 15.12.2020. The learned Senior Counsel further submits that he has filed a supplementary affidavit stating that the petitioner has got one criminal antecedent.

The learned APP vehemently opposed the prayer for bail of the petitioner.

Having considered the fact that no contraband or incriminating article has been recovered from conscious possession of the petitioner, let 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 to the satisfaction of the learned court below/successor court where the case is pending in connection with Minapur P.S. Case No.220 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T