Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43049 of 2022 Arising Out of PS. Case No.-207 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Sachin Kumar S/O Tarkeshwar Singh Resident of village- Majirabad, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Advocate Mrs. Jyoti Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kudhni P.S. Case No. 207 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8(c) and 20 (b) (ii) (B) of the N.D.P.S. Act. Allegedly, the police found two persons in suspicious condition and then on seeing the police co-accused persons trying to flee but the petitioner was apprehended at the spot and from his possession one country-made pistol and four small sachets containing narcotic material suspected to be smack weighing 1.430 mg were recovered.

Patna High Court CR. MISC. No.43049 of 2022(2) dt.22-11-2022 2/2 The main submissions advanced by the learned counsel Mr. Yogesh Chandra Verma for the petitioner are that the petitioner is a young boy aged about 21 years old and he is a brilliant student and has been languishing in jail since 01.05.2022 and the alleged recovered narcotic material comes under the purview of small quantity.

Learned APP Mr. Binod Kumar appearing for the State has opposed the bail prayer.

In view of above submissions and mainly considering the petitioner's young age and his custody period and also the fact that the alleged recovered narcotic material comes under the purview of small quantity and the petitioner has been languishing in jail since 01.05.2022 and also the fact that most of the witnesses who are to be examined during the course of trial are police personnel, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kudhni P.S. Case No. 207 of 2022.

(Shailendra Singh, J.) sangam/- U T