Prem Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23401 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Prem Shankar Prasad S/o Yado Lal Sah, Resident of village- Madhaurah, P.S.- Madhaurah, Distt.- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. N.K. Agarwal, Sr. Advocate For the Opposite Party :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with NDPS Isuapur P.S. Case No. 42 of 2025, dated 28.02.2025 registered for the offences punishable under Sections 310(4), 310(5), 317(4) and 317(5) of B.N.S. under Sections 25(1-b)a, 26 and 35 of Arms Act under Section 30(a) of Bihar Prohibition and Excise Act and under Sections 8(c) and 21(b) of NDPS Act.
3. As per the prosecution case, the informant acting on confidential information reached the alleged place and apprehended four suspicious persons. It is further alleged that one automatic pistol having two live cartridges and mobile were recovered from Dhiraj Manjhi, Rs. 1,20,000/- (Rupees one lakh
Patna High Court CR. MISC. No.23401 of 2025(2) dt.21-04-2025 2/3 and twenty thousand only) cash and mobile were recovered from Suraj Kumar, two live cartridges, Rs. 26,500/- (Rupees twenty-six thousand and five hundred only) cash and mobile were recovered from Deep Ranjan Kumar and five live cartridges and mobile were recovered from Arman Babu and a knife, charas like material weighing 54 gram and one bottle foreign liquor were recovered from wooden cot and a motorcycle was also recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submitted that the petitioner is not named in the F.I.R. and name of the petitioner has sprung up in the confessional statement of the co-accused namely, Deep Ranjan, who disclosed that he had sold the looted Jewelry to the petitioner and one Ravinder Kumar. He further submitted that nothing has been recovered from the conscious possession of the petitioner and no any looted ornaments, arms, liquor or contraband have been recovered from the shop of the petitioner either, rather the recovery which has been shown is day to day business of petitioner's shop. He further submitted that the petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since
Patna High Court CR. MISC. No.23401 of 2025(2) dt.21-04-2025 3/3 28.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Session Judge, Saran at Chapra, in connection with NDPS Isuapur P.S. Case No. 42 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T