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Patna High CourtCR. MISC./29086/2022bail granted

Subodh Kumar v. The State Of Bihar

2022-09-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29086 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== SUBODH KUMAR S/o Ramsurat Sahni Resident of Village- Sarwani Chak, P.S.- Bochaha, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 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 under sections 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 Kumar. On search, 1kg of Ganja kept in a bag and some mobile

Patna High Court CR. MISC. No.29086 of 2022(2) dt.26-09-2022 2/3 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. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by this Court vide order dated 31.08.2022 passed in Criminal Misc No. 27491 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. 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 and has submitted that the stolen motorcycle was recovered from the possession of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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 Court concerned, Muzaffarpur in connection with Gaighat P.S. Case No. 08 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) niku/-

Patna High Court CR. MISC. No.29086 of 2022(2) dt.26-09-2022 3/3 U T