Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16905 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ANIKET KUMAR, Son of Sri Awadhesh Rai @ Awadhesh Kumar, R/VShekhpur Dhab P.s- Ahiyapur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur P.S. Case No. 471 of 2022 dated 05.06.2022 registered for the offences punishable u/ss 25(1-b)a, 26 and 35 of the Arms Act and u/ss 8, 20(b)(ii)(B) of the N.D.P.S. Act.

As per the prosecution case, one country made pistol, two live cartridges and 1 Kg of ganja were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.16905 of 2023(2) dt.11-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is also accused in five other criminal cases which are not related to the N.D.P.S. Act as stated in para 3 of the bail petition. He has further submitted that the seized ganja is of small quantity. The petitioner is in custody since 07.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the recovery of small quantity of ganja, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Ahiyapur P.S. Case No. 471 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T