Moti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26712 of 2021 Arising Out of PS. Case No.-679 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MOTI KUMAR Son of Asharfi Sah Resident of Village - Baghi, P.S. - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Smt.Bela Singh, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.

The instant application for bail has been taken up for hearing out of turn on account of death of the mother of the petitioner.

The petitioner has filed the instant application for grant of regular bail in a case registered under sections 8, 20 and 22 of the N.D.P.S. Act and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegations in the F.I.R., the accused persons including the petitioner were taken into custody and on search, a loaded country made pistol and a mobile phone was recovered from the possession of the petitioner. Charas was recovered

Patna High Court CR. MISC. No.26712 of 2021(2) dt.05-08-2021 2/2 from the possession of other accused person.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 20.10.2020 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Muzaffarpur Town P.S. Case no.679 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T