Indrajit Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41132 of 2020 Arising Out of PS. Case No.-273 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Indrajit Kumar @ Chhotu Son of Shankar Sahani Resident of Village - Kolhua Imli Chowk, P.s.- Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with NDPS Case no. 37 of 2020 arising out of Kanti P.S. Case no. 273 of 2020 registered under sections 399, 402 and 411 of the Indian Penal Code, sections 8, 20 and 22 of the NDPS Act and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, on a raid being conducted it is stated that while some accused persons managed to escape four accused persons including the petitioner herein as also one Satan Sahni were arrested and on search one loaded country made pistol was recovered from the possession of co-

Patna High Court CR. MISC. No.41132 of 2020(2) dt.17-03-2021 2/2 accused Satan Sahni while the police recovered 2 kgs ganja jointly from the possession of the accused persons. It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. No recovery as alleged has taken place from his possession. He is in custody since 18.5.2020 and his case stands on a better footing to that of co-accused Satan Sahni who has been enlarged on bail vide order dated 12.2.2021 passed in Cr. Misc. no. 39143 of 2020. The application for bail is opposed by learned APP for the State. .

Having heard learned counsel for the parties and taking into consideration the grant of bail to co-accused Satan Sahani and the petitioner being in custody since 18.5.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with NDPS Case no. 37 of 2020 arising out of Kanti P.S. Case no. 273 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge NDPS, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U