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Patna High CourtCR. MISC./33789/2024allowed

Satyam Kumar v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33789 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Satyam Kumar Son of Vinod Kumar Singh @ Guddu Singh Resident of village- Adamwan, Ward No. 09, Police Station- Bairgania, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

Ms. Divya Bharti, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 8, 20(b)(ii) (c) of NDPS Act and Sections 25 (1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, four accused persons, namely, Dhiraj Kumar, Nitesh Rai, Raju Chaudhary and petitioner were arrested from a four wheeler on the basis of getting secret information. On search, 1.610 Kilogram charas, country made pistols and mobile phones were recovered from possession of other co-accused persons. From possession of this petitioner, five piece (Rs. 100 X3 and Rs. 50 X3) nepali

Patna High Court CR. MISC. No.33789 of 2024(2) dt.16-05-2024 2/2 currencies were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No arms and narcotics were recovered from possession of this petitioner. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 4.4.2024 passed in Cr. Misc. No. 25973 of 2024. Petitioner is languishing in judicial custody since 22.6.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

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 Special Judge, Sitamarhi in connection with Bairgania P.S. Case No. 152 of 2023.

(Sunil Kumar Panwar, J) sushma/- U T