Saket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50688 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Saket Kumar Son of Late Vinod Choudhary @ Late Ram Vinod choudhary R/o- Village- Fateha, P.S.- Bchhawara, Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through The Ncb, Bihar Patna Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehend his arrest in connection with Bachhwara P.S.Case No. 405 of 2023 dated 17.12.2023 instituted for the offence punishable under Sections 20 (B) ii C, 22, 29 of the N.D.P.S Act and section 25 (1-B) a, 26,35 of the Arms Act.

3. The prosecution case, in short, is that 4 Kg Ganja, two pistol and cartridges were recovered from apprehended coaccused person namely, Raushan Kumar @ Rana. The apprehended co-accused person disclosed the name of the petitioner.

4. Learned counsel for the petitioner submitted that petitioner is innocent and has falsely been implicated in this case. On the basis of disclosure made by the apprehended co-

Patna High Court CR. MISC. No.50688 of 2024(2) dt.21-08-2024 2/2 accused Raushan Kumar @ Rana, petitioner has been made accused in the present case. It is further submitted that nothing has been recovered from conscious possession or house of the petitioner. Except disclosure, there is no material against the petitioner. It is further submitted that petitioner is neither owner nor driver of the seized motorcycle . The petitioner has clean antecedent.

5. Learned A.P.P for the State has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioner within a period of six weeks from today, in connection with Bachhwara P. S. Case No. 405 of 2023 he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Begusarai, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

N.K/- (Khatim Reza, J) U T