Arvind Kumar @ Shashi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27695 of 2020 Arising Out of PS. Case No.-268 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== ARVIND KUMAR @ SHASHI S/o Ramji Prasad Resident of Bhagwat Nagar, Sristi Colony, Police Station-Agamkuan, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special Case No. 58 of 2020 (arising out of Agamkuan P.S caseno. 268/2020 registered under sections 399 and 402 of the Indian Penal Code sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 8, 20(b)(ii) (B) of the NDPS Act.

As per allegation in the FIR, on information having been received, a raid was conducted. While some of the accused persons managed to escape, some of them were apprehended on the spot and a bag containing about 100 kg of Ganja was recovered from the possession of one Neeraj Choudhary. It is

Patna High Court CR. MISC. No.27695 of 2020(2) dt.19-10-2020 2/2 stated that a magazine with three live cartridges was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place either from the person or possession of the petitioner. He has no criminal antecedent and is in custody since 15.4.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and being in custody for more than six months, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Special Case No. 58 of 2020 (Arising out of Agamkuan P.S case no. 268/2020) on furnishing bail bond of Rs.10,000/ (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Patna. (Partha Sarthy, J) sushma/- U