Patna High CourtCR. MISC./18279/2023allowed

Roshan Kumar @ Kallu v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18279 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- BYPASS District- Patna ====================================================== Roshan Kumar @ Kallu Son Of Shankar Prasad R/O Outer (BAHARI), Begampur Mokarpur, P.S.- Bypass, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Narayan Prasad For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 20, 22 of the N.D.P.S. Act.

There is recovery of two live cartridges and 2.54 grams of smack from the possession of five apprehended accused persons including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.18279 of 2023(2) dt.12-05-2023 2/2 from the conscious possession of the petitioners. Moreover, the seized contraband is much below the commercial quantity. The petitioner is languishing in custody since 21.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XXV, Patna in connection with Special Case No. 150 of 2022 (N.D.P.S. Case No. 152/2022), arising out of Bypass P.S. Case No. 293 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T