Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27491 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== SHYAM KUMAR SON OF RAMDAS MAJHAULI RESIDENT OF VILLAGE RAMDAS MAJHAULI, PS BOCHAHAN, DISTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 411 and 414 read with 34 of the Indian Penal Code and 8, 20 and 22 of the N.D.P.S. Act. As per the prosecution case, on seeing the police, four miscreants boarded on two motorcycles tried to flee away. But three miscreants were apprehended by the police who disclosed their names as Vijay Kumar, Shyam Kumar and Subodh Kumar and also revealed the name of the absconded person as Manish

Patna High Court CR. MISC. No.27491 of 2022(2) dt.31-08-2022 2/2 Kumar. On search, 1 kg of Ganja kept in a bag and some mobile phones were recovered from the bike of the apprehended persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The recovered contraband is small quantity. The petitioner is in custody since 07.01.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the recovery of small quantity, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 27/2022 arising out of Gaighat P.S. Case No. 08 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T