Arjun Rai @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51876 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== ARJUN RAI @ ARJUN KUMAR S/o Mahendra Rai Resident of VillageShahjahapur (Bhagwanpur Ratti), P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 8, 20(b) (ii)(a),25 of the N.D.P.S. Act and 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution allegation, in short, is that one country made pistol with one cartridge and 300 grams charas are recovered.

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

Patna High Court CR. MISC. No.51876 of 2021(2) dt.22-12-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. One country made pistol with one cartridge and 300 grams charas are recovered. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no recovery of any incriminating articles from the possession of coaccused. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 56/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T