Patna High CourtCR. MISC./47003/2021bail granted

Lal Mohan Kushwaha @ Lal Mohan Singh v. The State Of Bihar

2022-02-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47003 of 2021 Arising Out of PS. Case No.-368 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== LAL MOHAN KUSHWAHA @ LAL MOHAN SINGH S/o Sri Ghunur Kushwaha R/v- Baraki Miriyan, P.S.- Sonhan, Distt- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 20(b)(ii) (B), 27(A) of the N.D.P.S. Act and section 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted, 10 kg of ganja was recovered from the house of accused Babban Sah.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of this petitioner who has been falsely implicated in the case only because of his antecedent. The name of the petitioner transpired in the statement of the co-accused Babban

Patna High Court CR. MISC. No.47003 of 2021(2) dt.07-02-2022 2/2 Sah who named the petitioner as one of the persons involved in his gang. The said Babban Sah has been enlarged on bail vide order dated 12.1.2022 passed in Cr. Misc. no.39025 of 2021. The petitioner is in custody since 10.6.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 7 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S. Case no.6 of 2021 (arising out of Kudra P.S. Case no.368 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Kaimur at Bhabua.

(Partha Sarthy, J) Saurabh/- U T