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Patna High CourtCR. MISC./3417/2021allowed

Harish Kumar v. The State Of Bihar

2021-06-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3417 of 2021 Arising Out of PS. Case No.-344 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== Harish Kumar S/O Ram Deo Singh R/O Vill.Choubeypur, P.S.-PIRO, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20(b)(II),(c), 22(b) of the N.D.P.S. Act and Section 25 (1-b)a,26/35 of the Arms Act. On secret information that some persons are coming towards Maliabagh from a vehicle for selling Ganja, police reached there and arrested six persons including the petitioner. Upon search, one country made katta and one golden colored Vivo Company Mobile were recovered from the possession of

Patna High Court CR. MISC. No.3417 of 2021(4) dt.28-06-2021 2/2 the petitioner. Accordingly, a seizure list was prepared. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is the owner/driver of the said vehicle. There was no knowledge to the petitioner regarding seized Ganja and arms. Recovered ganja is less than of the small quantity. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 28.09.2020. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-Cum-Special Court, N.D.P.S. Act, Buxar in connection with Nawanagar P.S. Case No. 344 of 2020. (Anjani Kumar Sharan, J) devendra/- U T