Patna High CourtCR. MISC./42530/2016bail granted

Prem Kumar v. The State Of Bihar

2016-12-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42530 of 2016 ====================================================== Prem Kumar, Son of Surya Sahani, Resident of Villlage- Didaraganj Chekpost, P.S.- Didaraganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-12-2016 Heard Sri Dhirendra Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 06.07.2016 in Malsalami P.S. Case No.180/16 registered for the offence under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)A/26/35 of the Arms Act and Sections 20,22 of the N.D.P.S Act, has prayed for grant of bail. Learned counsel for the petitioner, by way of referring to the statement made in paragraph-3 of the petition, submits that the petitioner is having clean antecedent and on false accusation, the petitioner has been apprehended. He submits that from possession of the petitioner, nothing was recovered save and except one Mobile. He submits that from the place of occurrence, besides the petitioner other three persons were also arrested and

Patna High Court Cr.Misc. No.42530 of 2016 (2) dt.08-12-2016 2/2 from whose possession, arms as well as from one of the accused persons weighing about 1 Kg of Ganja was recovered. Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, keeping in view the clean antecedent of the petitioner as well as nature of accusation, let the petitioner, namely, Prem Kumar be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Patnacum- Special Judge, N.D.P.S., Patna in connection with Malsalami P.S. Case No.180/16.

(Rakesh Kumar, J) NKS/- U T