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Patna High CourtCR. MISC./20105/2020bail granted

Arjun Kumar v. The State Of Bihar

2020-09-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20105 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Arjun Kumar, Son of Indrasan Chourasia Resident of Village - Sareya, Ward No.- 2, Sadhu Chowk, P.S. and District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad- Advocate For the Opposite Party/s :

Mr. Pranav Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 20.01.2020 and seeks bail in connection with Trial No.03 of 2020 arising out of Gopalganj P. S. Case No.43 of 2020 registered for the offences punishable under Sections 414 of the I.P.C. and Sections 8(c) and 20(a) of the N.D.P.S. Act, 1985.

It is alleged that 10 sachet (Puria) smack weighing 5.91 grams were recovered from the possession of petitioner, but submission on behalf of petitioner is that co-accused Vijay Kumar Chaubey, from whose possession, 8.69 grams smack is said to have been recovered, has already been granted privilege of bail by a Coordinate Bench of this Court vide order dated

Patna High Court CR. MISC. No.20105 of 2020(5) dt.21-09-2020 2/2 02.07.2020 passed in Cr. Misc. No.18500 of 2020 and, similarly, co-accused Abdul Rahman @ Abdul Rahmani @ Nejam @ Neyam @ Neyaj, from whose possession, 3.06 grams smack is said to have been recovered, has also been granted privilege of bail by a Coordinate Bench of this Court vide order dated 03.06.2020 passed in Cr. Misc. No.19124 of 2020. Learned counsel for the petitioner further submits that petitioner does not have any criminal antecedent which shows that if the petitioner is released on bail, he shall not be indulged in such type of activity.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties and also to maintain the parity of justice, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-1, Gopalganj in connection with Sessions Trial No.03 of 2020 arising out of Gopalganj P. S. Case No.43 of 2020. (Hemant Kumar Srivastava, J) vikash/- U T