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Patna High CourtCR. MISC./37127/2019bail granted

Rohan Kumar v. The State Of Bihar

2019-06-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37127 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Rohan Kumar Son of Arjun Yadav Resident of Village-Barauni Phulparas, P.S.-Barauni, District-Begusarai at present Naya Tola Jurabganj, P.S.-Kora, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 20, 22, 23, 24, 25, 27A of NDPS Act and 25(1-b)a, 26, 35 of the Arms Act.

Allegedly, a country made pistol and 500 gms Charas is recovered in the present case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-01-2019. Charge sheet has already been submitted. From perusal of the seizure list, it is evident that one country-made pistol along with cartridge is said

Patna High Court CR. MISC. No.37127 of 2019(2) dt.25-06-2019 2/2 to have been recovered from possession of the petitioner. No contraband is said to have been recovered from possession of the petitioner. So far recovery of 500 gms Ganja is concerned, the same has been recovered from possession of co-accused, Rahul Kumar. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 99 of 2019.

(Sudhir Singh, J) A.K.V.//- U T