Patna High CourtCR. MISC./21284/2020allowed

Amit Kumar v. The State Of Bihar

2020-07-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21284 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- GORAUL District- Vaishali ====================================================== AMIT KUMAR Son of Mahesh Singh Resident of Village - Malikpura, P.S.- Goraul, District - Vaisali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mrs.Rita Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Goraul P.S. Case No. 38 of 2020, disclosing offences punishable under Sections 414 of the Indian Penal Code, 25(1-B)a, 26 & 35 of the Arms Act and Section 8, 20/22 of the N.D.P.S. Act. The petitioner is in custody since 27.01.2020. Allegedly, he was riding a motorcycle with pillion rider, when he was intercepted by the police. Allegedly, from the possession of the co-accused (Golu Kumar), a loaded country made pistol was recovered and from beneath the seat of the motorcycle 4.5 kg of Ganja in two packets was recovered.

Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and seizure of

Patna High Court CR. MISC. No.21284 of 2020(2) dt.01-07-2020 2/2 incriminating material has not been done in accordance with the provisions under Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the State has vehemently opposed the prayer for bail.

Considering the facts and circumstances and the nature of allegation, this application is allowed. Let the petitioners above named 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 the learned District and Sessions Judge, Vaishali in connection with Goraul P.S. Case No. 38 of 2020.

(Chakradhari Sharan Singh, J) AKASH/- U T