Sumeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33732 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- DANAPUR District- Patna ====================================================== SUMEET KUMAR Son of Kaushal Kishore Singh Resident of Village - Dumrah, P.S.- Belshand, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Special Case No. 30 of 2020 arising out of Danapur P.S. Case No. 112 of 2020 instituted for the offence under Sections 379 , 411, 414 of the I.P.C., Section 25 (1-b) a / 26 / 35 of the Arms Act and Section 20 / 22 / 23 / 24 of the N.D.P.S. Act. The prosecution case in brief is that during the course of patrolling on 11-02-2020 the Police Party intercepted the motorcycle of the petitioner on which one person was sitting as a pillion rider and recovered loaded country made pistol and four 7.65 MM bullets from their possession and 5 Kilograms Ganja was also recovered from the petitioner and the pillion

Patna High Court CR. MISC. No.33732 of 2021(2) dt.21-12-2021 2/2 rider.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. He further submits that Ganja was not recovered from the conscious possession of the petitioner and the petitioner is in custody since 12-02-2020. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that 5 Kg Ganja has been recovered from the possession of the petitioner which is more than small quantity and the petitioner is having more than 15 cases pending against him, I am not inclined to grant regular bail to the petitioner at this stage.

Accordingly, the prayer for grant of bail is rejected. However, the petitioner may renew his prayer for regular bail after one year from today if the trial does not show any progress.

(Anil Kumar Sinha, J) praful/- U T