Deepak Kumar @ Pradeep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24026 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- MUSAHARI District- Muzaffarpur ====================================================== DEEPAK KUMAR @ PRADEEP Son of Ganeshi Sah R/V- Ramgama, PSMohaddi Nagar @ Mohiuddin Nagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with NDPS Case No. 60 of 2022 arising out of Mushahari P.S. Case No. 14 of 2022 registered for the offence under Sections 399, 402, 414, of the Indian Penal Code and Section 25(1-b) a/ 26, 35 of the Arms Act and 20/22 of the NDPS Act.

As per the prosecution story, the police upon information, formed a team, raided the place and apprehended altogether eight accused persons including the petitioner and it

Patna High Court CR. MISC. No.24026 of 2023(2) dt.18-05-2023 2/3 is alleged that when they were searched before the independent witnesses, three pistols and ten cartridges as well as a Glamour Motorcycle was recovered and from the said motorcycle 1 K.G. of Charas was also recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence and has falsely been implicated in this case by the police only on the instance of enemy of his family and no incriminating article was seized from his possession.

Learned counsel for the petitioner also submits that the petitioner is in custody since 21.01.2022. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional and Sessions Judge, I, Muzaffarpur in connection with NDPS Case No. 60 of 2022 arising out of Mushahari P.S. Case No. 14 of 2022.

Patna High Court CR. MISC. No.24026 of 2023(2) dt.18-05-2023 3/3 The petitioner will visit Mohaddi Nagar @ Mohiuddin Nagar Police Station (Samastipur) on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U