Patna High CourtCR. MISC./42868/2024bail granted

Abhishek Kumar v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42868 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Abhishek Kumar S/o- Kabindra Rai @ Kavindra Ray Village- Jagdishpur Morahar PS- Sahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Paroo P.S. Case No. 35 of 2024 dated 04.02.2024 registered for the offences punishable u/ss 399, 400, 401, 402, 413, 414 of the Indian Penal Code and 25(1-B)(a), 26 and 35 of the Arms Act and Section 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substance Act.

3. As per the prosecution case, two live cartridges, a mobile phone, 10 pouches of smack weighing 4.43 grams, Rs. 5,000/- in cash and some other articles were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.42868 of 2024(2) dt.26-06-2024 2/2 case. It is further submitted that the seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 Court concerned, Muzaffarpur in connection with Paroo P.S. Case No. 35 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T