Abhijit Kumar @ Abhijit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42870 of 2021 Arising Out of PS. Case No.-286 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ABHIJIT KUMAR @ ABHIJIT SINGH Son of Rajdev Singh @ Rajdev Bhagat R/o Village - Kakadachak, P.S. - Bochahan, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2022 Heard.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 286 of 2021, registered for the offence punishable under sections 25(1-b) and 26,35 of the Arms Act and Section 22/22 of N.D.P.S. Act, 1985.

The police is stated to have apprehended three persons including the petitioner herein and as far as the petitioner is concerned, one loaded country made pistol and one motorcycle was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been

Patna High Court CR. MISC. No.42870 of 2021(2) dt.14-02-2022 2/3 falsely implicated in the present case and is languishing in custody since 19.04.2021. The learned counsel for the petitioner has further submitted that as far as ganja is concerned, the same has not been recovered from the conscious possession of the petitioner but from the possession of the co-accused persons. It is further submitted that the petitioner has already been suitably punished on account of his incarceration. Per contra, Shri Ashok Kumar, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no narcotic substance has been recovered from the possession of the petitioner apart from the fact that he is languishing in custody since 19.04.2021, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Patna High Court CR. MISC. No.42870 of 2021(2) dt.14-02-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 286 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T