Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24383 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== BITTU KUMAR Son of Munarik Ray Resident of Village-Chakshkra, P.S.- Hajipur Sadar, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Adv For the Opposite Party/s :

Mr. Binod Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Lalganj PS Case No. 58/2020 registered for the offence punishable under Sections 20, 22, 23, 24, 27, 29 of NDPS Act and Section 25(1-b)a, 26, 35 of the Arms Act.

3. The allegation, as per First Information Report, is that the police intercepted two motorcycles on which 4-5 persons were going and upon signal of the police, they tried to flee away. However, on chase, police apprehended two persons including the petitioner and from possession of the petitioner, one loaded country made pistol was recovered and from another co-accused, namely, Chhotu Kumar @ Rakesh Kumar, 300

Patna High Court CR. MISC. No.24383 of 2020(3) dt.12-11-2020 2/3 Grams of Charas was recovered.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel for the petitioner further submits that co-accused, Chhotu Kumar @ Rakesh Kumar has been granted bail by this Court in Cr. Misc. No. 29320/2020.

5. Learned counsel further submits that petitioner is in custody since 21.02.2020 having no criminal antecedents.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Chhotu Kumar @ Rakesh Kumar has been granted bail by this Court and petitioner is in custody since 21.02.2020 having no criminal antecedents , I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

7. Accordingly, let the petitioner, BITTU KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 1st ADJ-cum-Special Judge, Vaishali in

Patna High Court CR. MISC. No.24383 of 2020(3) dt.12-11-2020 3/3 connection with Lalganj PS Case No. 58/2020.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T