Md Kamruddin @ Kamruddin @ Kamruddin Mansur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46694 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Md Kamruddin @ Kamruddin @ Kamruddin Mansur S/O Md. Husain @ Md. Husain Mansur R/O Village- Jainagar, Dostiya Tola, Ward No. 12, Ps. Sonbarsa, Dist. Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 07/2022, arising out of Bela P.S. Case No. 116 of 2022, registered for the offence under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a / 26/35 of the Arms Act and Sections 8, 20(b), (ii) (c)/22 of the N.D.P.S. Act.

3. As per prosecution, 1 kg. of Charas, a loaded pistol, loaded magazine having four live cartridges was recovered from place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged charas and nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.46694 of 2023(2) dt.02-08-2023 2/2 the petitioner. Petitioner is in custody since 21.10.2022.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact and also considering the period of custody, this application is allowed.

7. Let the petitioner, above named, 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 learned Additional District and Sessions Judge-II, cum Special Judge, Sitamarhi, in connection with Bela P.S. Case No. 116 of 2022.

8. This is also subject to the condition that the petitioner shall mark his attendance in Sonbarsa Police Station, on 1st and 3rd Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

9. Let a copy of this order be communicated to the Superintendent of Police, Sitamarhi for its compliance forthwith.

(Sandeep Kumar, J) Ranjeet/- U T