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Patna High CourtCR. MISC./15066/2020bail granted

Kishan Kumar v. The State Of Bihar

2020-06-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15066 of 2020 Arising Out of PS. Case No.-88 Year-2018 Thana- KOTWALI District- Munger ====================================================== KISHAN KUMAR Son of Vishwanath Prasad Gupta Resident of village - Puraniganj, P.s.- Kasim Bazar, Dist.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarkeshwar Pd. Verma, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kotwali P.S. Case no. 88 of 2018 (N.D.P.S. Case No.2 of 2018) registered for offence under sections 20(b)(ii)(A) and 27 of the N.D.P.S. Act, 1985. As per allegation in the F.I.R., on the date of occurrence, it is stated that one Vikash Kumar came to meet the petitioner who was in custody. On search, about 50 gm of ganja was recovered from the possession of the said Vikash Kumar. It is submitted by learned counsel for the petitioner that from the allegation in the F.I.R. itself it would transpire that the recovery is from the co-accused Vikash Kumar and not the petitioner. The petitioner is in custody since 8.1.2020.

Patna High Court CR. MISC. No.15066 of 2020(3) dt.01-06-2020 2/2 The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case no. 88 of 2018 (N.D.P.S. Case No.2 of 2018) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Munger. (Partha Sarthy, J) Bibhash/- U T