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Patna High CourtCR. MISC./27158/2025allowed

Ashok Kumar Gupta v. The State Of Bihar

2025-05-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27158 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ashok Kumar Gupta, S/o Late Jangli Sah, R/o Mohalla- Chaturbhuj Asthan Chowk, P.S.- Town, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard Mr. Sagar Kumar, learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.

2. The petitioner has prayed for bail in connection with Town P.S. Case No. 63 of 2025 registered for the offence punishable under Sections 132, 109, 324(4), 324(5), 317(5), 3(5) of the Bhartiya Nyay Sanhita (B.N.S.), Section 27 of the Arms Act and Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution is that altogether 22 gram and 300 mg smack like contraband was recovered from the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.27158 of 2025(2) dt.19-05-2025 2/2 case. His name has surfaced in this case only because of his criminal antecedent. The contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. Petitioner is languishing in judicial custody since 06.02.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Muzaffarpur in connection with Town P.S. Case No. 63 of 2025. (Ashok Kumar Pandey, J) lata/- U T