Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59610 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Amarjeet Kumar S/o Sri Ram Prabesh Ram, R/o Village- Majhupur, P.S.- Jagdishpur, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Sri Parmanand Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 21/22/24 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 (1B) A, 26 Arms Act. From the almirah at the poultry farm of coaccused Sarbjeet Kumar, a firearm and 170 Gm heroine was recovered. Petitioner was also there alongwith co-accused Ankush Kumar.

Learned counsel for the petitioner submits that similarly situated co-accused Ankush Kumar has already been allowed bail by a Coordinate Bench of this Court on 13.11.2017 in

Patna High Court Cr.Misc. No.59610 of 2017 (3) dt.11-01-2018 Cr.Misc.No. 43505 of 2017. He further submits that since recovery was from the almirah of co-accused Sarbjeet Kumar, it cannot be presumed that the petitioner had knowledge as to what was kept inside the almirah.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No.21 of 2017, arising out of Jagdishpur P.S.Case No. 152 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T