Deepak Kumar @ Saket v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69283 of 2018 Arising Out of PS. Case No.-727 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Kumar @ Saket S/o Late Shyam Kishore Singh, resident of VillageHasanpur, P.S. Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code as well as Sections 25(1b)a, 25(1-AA), 25(1-AAA), 26(ii), 35 of the Arms Act and Sections 8/20, b(ii)(B) of N.D.P.S. Act and 30(a) of the Excise Act.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application. A report was called for from the Trial Court. It has been reported that till date Section 207 Cr.P.C. has not been complied with.

It has been submitted on behalf of the petitioner that the petitioner is in custody 10.09.2017 and there is no chance of

Patna High Court CR. MISC. No.69283 of 2018(3) dt.06-03-2019 2/2 trial being concluded in near future. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was found sitting in the car in question. One loaded country made pistol and two live cartridges are said to have been recovered from the petitioner. The petitioner has remained in custody for more than one year and six months. There is no compliance of Section 100 Cr.P.C. and 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Spl. Judge, Excise, Muzaffarpur in connection with Ahiapur P.S. case No.727 of 2017.

(Sudhir Singh, J) Narendra/- U T