Rahul Kumar Ram v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39313 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- DARPA District- East Champaran ====================================================== RAHUL KUMAR RAM Son of Rajesh Ram Resident of Village- Narayan Chowk, Pakariya, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

1.

The Union of India 2.

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

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr.K.N. Singh (A.D.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. Case No. 12 of 2021, arising out of Darpa P.S. Case No. 13 of 2021, registered under Sections 399, 402, 413, 414 of the Indian Penal Code read with section 25 (1-b) a, 26, 35 of the Arms Act and Sections 8, 20, 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2021, and is a person of clean antecedent and charge-sheet has been submitted, against him. Learned counsel submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that informant alleges that on information, they reached at place of occurrence along

Patna High Court CR. MISC. No.39313 of 2021(2) dt.13-12-2021 2/3 with police force and from this petitioner, one loaded countrymade pistol and a live cartridge was also recovered and from the possession of co-accused Vibhash Kumar one loaded country made pistol with cartridge was also recovered and from possession of Shashi Ranjan Kumar @ Bhushan, 2 Kg charas was recovered. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that from this petitioner, one loaded country-made pistol alongwith a live cartridge was recovered and as such, does not have any concern with the said recovery of 2 Kg Charas which is alleged to have been recovered from Shashi Ranjan Kumar @ Bhushan.

Learned APP for the State opposes the prayer of regular bail application of the petitioner.

Considering the fact that the petitioner is in custody since 05.02.2021, charge-sheet has been submitted in this case and the petitioner, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 12 of 2021, arising out of

Patna High Court CR. MISC. No.39313 of 2021(2) dt.13-12-2021 3/3 Darpa P.S. Case No. 13 of 2021, (Satyavrat Verma, J) Ranjeet/- U T