Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30169 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== AKHILESH KUMAR S/o Dindayal Sahni, Resident of Village-Bahilwara Gobind Laxmipur, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code, 25(1-B)a, 26 and 35 of the Arms Act and Sections 20, 22, 24, 27(A) of the N.D.P.S. Act.

Prosecution case in brief is that on 02.06.2020, the S.I., Belsar O.P. has got secret information that some miscreants were going to assembled near Jatkauli bridge for committing any offence. A raided party was constituted to proceed towards place of occurrence for verification when they reached at Jatkauli Bridge, witnessing police personnel, miscreants on three motorcycles started to flee away but four miscreants on two motorcycles were apprehended and three persons on a

Patna High Court CR. MISC. No.30169 of 2020(3) dt.10-12-2020 2/2 motorcycle were succeeded to flee away. There is recovery of two motorcycles, country made pistols, about 3-13 gm Ganja etc. were recovered from the apprehended accused persons. Learned counsel for the petitioner submits that there is recovery of one loaded Katta from the possession of the petitioner, but no any material has been recovered from the possession of the petitioner as per N.D.P.S Act. The petitioner is in custody since 02.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State has opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Vaishali (Belsar O.P.) P.S. Case No. 173/2020 to the satisfaction of the learned 1st Additional District and Sessions Judge cum Special Judge, Vaishali.

(Anjani Kumar Sharan, J) amitkumar/- U T