Patna High CourtCR. MISC./48975/2021bail granted

Shubham Jee v. The State Of Bihar

2022-01-27Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48975 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Shubham Jee S/O Sunil Kumar Singh R/o village- Mani Fulkaha, P.S.- Kanti (Panapur), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Brahampura P.S. Case No. 102 of 2021 dated 25.03.2021, N.D.P.S. Case No. 28 of 2021 instituted for the offences under Section 414 of the Indian Penal Code read with Sections 25(1b)a, 26 and 35 of the Arms Act and Sections 8, 20 and 22 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 200 grams charas like substance from the petitioner, further 400 grams charas like substance

Patna High Court CR. MISC. No.48975 of 2021(2) dt.27-01-2022 2/3 along with a loaded country-made pistol is alleged to be recovered from Dipanshu Raj and 400 grams charas like substance along with a country-made pistol was recovered from Priyanshu Raj.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his possession and even presuming what has been alleged to be true, still the alleged recovery of charas like substance is only 200 grams which is much less than the commercial quantity which is one kilogram. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.03.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and it is his first offence and the alleged recovered charas like substance is much less than the commercial quantity, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Brahampura P.S. Case No. 102 of 2021, N.D.P.S. Case No.

Patna High Court CR. MISC. No.48975 of 2021(2) dt.27-01-2022 3/3 28 of 2021 with a condition that one of the bailors shall be the father of the petitioner (Sunil Kumar Singh). (Satyavrat Verma, J) Rishi/- U T