Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30447 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== ANIL KUMAR S/o Narayan Rai Resident of Village- Ashiya, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Mr. Pradeep Kumar Sinha, learned counsel for the petitioner and learned A.P.P. for the State. Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 341 of 2020 registered for the offence under Section 25 (1-b) a / 26 / 35 of the Arms Act and under Section 8 / 20 / 22 of the N.D.P.S. Act.

As per the allegation made in the F.I.R. 470 grams of Charas has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has falsely been implicated by the Police with oblique motive. He further submits that at the time of search and seizure procedure prescribed in Section 50 of the N.D.P.S. Act has not been followed by the Police. He next submits that quantity of alleged Charas recovered from the possession of the petitioner is not commercial quantity and the petitioner has got no criminal antecedent of similar nature of offence.He further submits that petitioner is

Patna High Court CR. MISC. No.30447 of 2021(2) dt.07-12-2021 2/2 in custody since 19/10/2020, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that Charas recovered from the possession of the petitioner is less than commercial quantity, the petitioner is in custody since 19-10-2020, charge sheet has already been submitted and further the petitioner is not having any criminal antecedent of similar nature, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -cum- Spl. Judge, Muzaffarpur in connection with Gaighat P.S. Case No. 341 of 2020.

(Anil Kumar Sinha, J) praful/- U T