Patna High CourtCR. MISC./26621/2023bail granted

Rakesh Sharma v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26621 of 2023 Arising Out of PS. Case No.-1198 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Rakesh Sharma Son Of Shyamsunder Sharma R/O Chunihari Tola, P.S.- Kotwali, District- Bhagalpur, Bihar- 812002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Atul Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 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 Bhagalpur Kotwali P.S. Case No. 1198 of 2022 registered for the offence under Sections 25(1-b) a, 26 of the Arms Act and 18(c), 21, 22 of the NDPS Act and 18(c) and Section 27 of the Drugs and Cosmetic Act.

Prosecution story in brief is that on secret information police raided Shanti Lodge situated at M.P. Dwiwedi Road, Bhagalpur from where an empty magzine, nine live cartridge of nine mm and 14 bottles of codeine rich prohibited syrup has

Patna High Court CR. MISC. No.26621 of 2023(2) dt.23-05-2023 2/2 been recovered.

Learned counsel for the petitioner submits that the petitioner is a man of clean antecedents and he runs a tea shop and during the raid he was serving tea and nothing has been recovered from his physical possession.

Learned counsel for the petitioner also submits that the petitioner is in custody since 21.12.2022. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody and also considering the fact that the petitioner has no criminal antecedents, this application for regular bail is allowed. Let the petitioner, 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 Additional Sessions Judge-I, Bhagalpur in connection with Bhagalpur Kotwali P.S. Case No. 1198 of 2022. (Sandeep Kumar, J) Vikas/- U