Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73222 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Arun Kumar, son of Jagdev Mahato, resident of village-Khagani, P.S.- Turkauliya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in NDPS Case No. 48 of 2018, arising out of Chakia P.S. Case No. 207 of 2018 instituted for the offence under Section(s) 414, 120B Indian Penal Code and Sections(s) 25(1-b), 26, 35 of the Arms Act and Sections 20,22 of the Narcotic Drugs and Psychotropic Substances Act. It is alleged in the written report that during patrolling duty the informant saw one motorcycle on which three persons were riding and one person was standing near the motorcycle. The police party reached near them. Seeing the police party, accused persons started running away but on chase they were apprehended by the police. On search, one country made pistol and two live cartridges were recovered from possession of

Patna High Court Cr.Misc. No.73222 of 2018(2) dt.07-12-2018 2/2 accused Kumod Tiwary. From possession of accused Pawan Kumar @ Mithu one country made pistol and five live cartridges were recovered. 500gm. Charas was recovered from beneath the seat of motorcycle.

Learned counsel for the petitioner has submitted that there is no recovery of any incriminating article from possession of this petitioner.

Petitioner is in custody since 22.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-cum-Speical Judge, Motihari, East Champaran, in connection with NDPS Case No. 48 of 2018, arising out of Chakia P.S. Case No. 207 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T