Kaushal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31750 of 2021 Arising Out of PS. Case No.-111 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== KAUSHAL PATEL S/o Bramha Singh Resident of Bhabua Ward No. 11, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 25(1-b)a, 26, 35 of the Arms Act and 20, 22 and 27 of the N.D.P.S. Act.

The prosecution allegation, in short, is that one loaded rifle along with one live cartridge, two grams ganja and two grams heroine are recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One loaded rifle along with one live cartridge is said to have

Patna High Court CR. MISC. No.31750 of 2021(2) dt.21-12-2021 2/2 been recovered from the Batika belonging to joint family of the petitioner and two grams ganja is recovered from the co-accused. Further two grams heroine is also recovered from another coaccused. After investigation, the police submitted final form against this petitioner. The involvement of the petitioner has been found to be false by the Investigating Officer in course of investigation. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum- Special Judge, Kaimur at Bhabua in connection with N.D.P.S. Case No. 02/2018 arising out of Bhabua P.S. Case No. 111 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T