Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36949 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- THAWE District- Gopalganj ====================================================== DEEPAK KUMAR Son of Amarnath Yadav Resident of Village- Harpur Tegrahi, P.S.- Mohammadpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code, sections 8 and 20(b)(ii)(A) of the NDPS Act, 1985 and sections 25(1-B)(a), 26 and 35 of the Arms Act .

As per the prosecution case, on a raid being conducted about nine accused persons were caught and various articles including arms, ammunitions ganja etc. were recovered from their possession. From the possession of the petitioner a 'chilam' and a motorcycle was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.36949 of 2021(2) dt.06-01-2022 2/2 incriminating article has been recovered from his possession. He is in custody since 2.1.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 2 of 2021 (arising out of Thawe P.S. Case no. 1/2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I - cum - Special Judge, NDPS, Gopalganj.

(Partha Sarthy, J) Spd/- U T