Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51118 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR, S/o SURESH SINGH @ BATHU SINGH R/o VILLAGERASULPUR, P.S-MAHUA, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with N.D.P.S. Case No. 6 of 2021, arising out of Saraiya P.S. Case No. 64 of 2021, instituted for the offences under Section 414/34 of the Indian Penal Code and Section 25(1-b)a/26/35 of Arms Act and Section 20/22 of N.D.P.S. Act.

The learned counsel for the petitioner submits that as per allegation in the FIR, it is alleged that a country-made loaded pistol along with 500 gram of opium like substance was recovered from the possession of the petitioner. The learned counsel further submits that the commercial quantity of Opium is 2.5 k.g. and small quantity is 25 gram and as such, the alleged recovery is less than commercial quantity.

Patna High Court CR. MISC. No.51118 of 2021(2) dt.03-02-2022 2/2 At this stage, learned counsel for the petitioner seeks permission to withdraw the bail application.

Permission is granted with liberty to the petitioner to renew his prayer for bail after framing of charge. (Satyavrat Verma, J) sanjeev/- U T